Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 times 365 Legal AnalysesHolding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Fonovisa, Inc. v. Cherry Auction, Inc.
76 F.3d 259 (9th Cir. 1996) Cited 233 times 2 Legal AnalysesHolding that operators of a swap meet who had reason to know of infringing activity after law enforcement officers raided the flea market and seized counterfeit merchandise may be held liable for contributory trademark infringement
Religious Technology Center v. Netcom On-line Communication Services, Inc.
907 F. Supp. 1361 (N.D. Cal. 1995) Cited 195 times 7 Legal AnalysesHolding that operator of a computer bulletin board system that forwarded messages from subscribers to other subscribers was not liable for displaying copyrighted works because it took no role in controlling the content of the information but only acted as passive conduit of the information
Baxter v. MCA, Inc.
812 F.2d 421 (9th Cir. 1987) Cited 128 times 2 Legal AnalysesReversing summary judgment for defendant in infringement lawsuit brought by composer of copyrighted song
Klinger v. Weekly Wolrd News, Inc.
747 F. Supp. 1477 (S.D. Fla. 1990) Cited 26 timesHolding that a professional writer who alleged a lost business opportunity as a result of newspaper's alleged deceptive acts stated “an injury sufficient” to permit the pursuit of injunctive relief under FDUTPA
United States Care, Inc. v. Pioneer Life Ins. Co. of Illinois
244 F. Supp. 2d 1057 (C.D. Cal. 2002) Cited 11 timesAdopting the distinction used by other circuits
Pegasus Imaging Corporation v. Northrop Grumman Corp.
Case No. 8:07-CV-1937-T-27EAJ (M.D. Fla. May. 30, 2008)Case No. 8:07-CV-1937-T-27EAJ. May 30, 2008 ORDER JAMES WHITTEMORE, District Judge BEFORE THE COURT is Defendant Northrop Grumman Corporation's Motion to Dismiss for Failure to State a Claim (Dkt. 17). Upon consideration, Defendant Northrop Grumman Corporation's Motion to Dismiss is GRANTED, with leave to amend. Defendant Integic Corporation has moved to dismiss the complaint for lack of personal jurisdiction. (Dkt. 16). That motion will be ripe for consideration on or about July 2, 2008. (Dkt. 31)
Fonovisa, Inc. v. Cherry Auction, Inc.
847 F. Supp. 1492 (E.D. Cal. 1994) Cited 8 timesFinding no direct financial benefit despite argument that lessees included many vendors selling counterfeit goods and that clientele sought "bargain basement prices"
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 AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss