38 Cited authorities

  1. Morales v. Trans World Airlines, Inc.

    504 U.S. 374 (1992)   Cited 1,698 times   11 Legal Analyses
    Holding that the Airline Deregulation Act, which prohibits States from enforcing any law "relating to rates, routes, or services" of any air carrier, preempted fare-advertising guidelines that "would have a significant impact upon" the airlines' ability to charge fares
  2. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,671 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
  3. Safe Air for Everyone v. Meyer

    373 F.3d 1035 (9th Cir. 2004)   Cited 3,216 times   1 Legal Analyses
    Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"
  4. American Airlines, Inc. v. Wolens

    513 U.S. 219 (1995)   Cited 778 times   11 Legal Analyses
    Holding the Illinois Consumer Fraud Act preempted by the Federal Airline Deregulation Act to the extent the state law applied to airline frequent flier programs
  5. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,421 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  6. Rowe v. New Hampshire Motor Transp. Ass'n

    552 U.S. 364 (2008)   Cited 388 times   8 Legal Analyses
    Holding that targeted ground carrier regulations were pre-empted by a statute modeled on the ADA
  7. Consol. Rail Corp. v. Railway Labor Executives

    491 U.S. 299 (1989)   Cited 591 times
    Holding a dispute was minor because it was "arguably justified by the implied terms of its collective-bargaining agreement"
  8. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 800 times   82 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"
  9. Van Buskirk v. Cable News Network, Inc.

    284 F.3d 977 (9th Cir. 2002)   Cited 978 times
    Holding that the Ninth Circuit's "incorporation by reference" rule allows a court to look beyond the face of the complaint without converting a Rule 12(b) motion to dismiss to a motion for summary judgment
  10. Johnson v. Lucent Technologies Inc.

    653 F.3d 1000 (9th Cir. 2011)   Cited 362 times   1 Legal Analyses
    Holding that a § 1981 retaliation claim, which occurred post-contract formation, is bound by §1658's four-year statute of limitations
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,885 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,364 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,837 times   315 Legal Analyses
    Prohibiting unlawful business practices
  14. Section 151 - Definitions; short title

    45 U.S.C. § 151   Cited 2,947 times   7 Legal Analyses
    Defining "minor dispute" as disputes "growing out of grievances or out of the interpretation or application of agreements covering rates of pay, rules, or working conditions."
  15. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,243 times   122 Legal Analyses
    Providing only statutory penalties
  16. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,753 times   20 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"
  17. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,586 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime
  18. Section 2698 - Title of part

    Cal. Lab. Code § 2698   Cited 1,553 times   36 Legal Analyses

    This part shall be known and may be cited as the Labor Code Private Attorneys General Act of 2004. Ca. Lab. Code § 2698 Added by Stats 2003 ch 906 (SB 796), s 2, eff. 1/1/2004.

  19. Section 2699 - Civil penalty; civil action by aggrieved employee to recover

    Cal. Lab. Code § 2699   Cited 1,297 times   33 Legal Analyses
    Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees
  20. Section 2802 - Indemnification for necessary expenditures and losses incurred in direct consequence of discharge of duties

    Cal. Lab. Code § 2802   Cited 1,083 times   122 Legal Analyses
    Pertaining to expense reimbursements