Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal AnalysesHolding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 Legal AnalysesHolding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,563 times 5 Legal AnalysesHolding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
Ratzlaf v. United States
510 U.S. 135 (1994) Cited 920 times 11 Legal AnalysesHolding that, "[t]o establish that a defendant `willfully violated]' the antistructuring law, the Government must prove that the defendant acted with knowledge that his conduct was unlawful," and stating that "pecific intent to commit the crime . . . might be negated by, e.g., proof that defendant relied in good faith on advice of counsel"
Robertson v. Dean Witter Reynolds, Inc.
749 F.2d 530 (9th Cir. 1984) Cited 1,582 timesHolding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order
Bowsher v. Merck Co.
460 U.S. 824 (1983) Cited 66 timesHolding that Congress in relevant part limited GAO's access power to documents that "directly pertain to and involve transactions relating to, the contract or subcontract"
U.S. v. Wenner
351 F.3d 969 (9th Cir. 2003) Cited 106 timesHolding that a prior conviction did not qualify as an ACCA violent felony where the record did not contain "a signed plea agreement or judgment of conviction that would demonstrate that Wenner was convicted as charged"
Alperin v. Vatican Bank
410 F.3d 532 (9th Cir. 2005) Cited 92 timesHolding that claim that defendants committed war crimes by assisting Ustasha Regime in preserving its Treasury was non-justiciable because it would require a court to review the foreign policy judgment of a coordinate political branch
Kramer v. Autobytel, Inc.
759 F. Supp. 2d 1165 (N.D. Cal. 2010) Cited 67 timesHolding plaintiff sufficiently alleged defendant used an ATDS to send text messages to plaintiff, where plaintiff, in addition to citing statutory definition of ATDS, alleged messages were "from SMS short code 77893, a code registered to [defendant]," and were "advertisements written in an impersonal manner"
Robbins v. Coca-Cola-Co.
CASE NO. 13-CV-132 - IEG (NLS) (S.D. Cal. May. 22, 2013) Cited 23 timesFinding sufficient facts to support a TCPA claim where plaintiffs alleged that they received text messages "promoting Coke products"; details "such as the time and content of the alleged messages" are obtainable through discovery, and the lack of such details does not warrant even an order for a more definite statement
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 362,607 times 962 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,820 times 744 Legal AnalysesGranting exclusive jurisdiction to federal courts over actions brought by state attorney generals