49 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,848 times   369 Legal Analyses
    Holding 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
  3. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,749 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
  4. BMW of North America, Inc. v. Gore

    517 U.S. 559 (1996)   Cited 2,912 times   45 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit
  5. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 1,022 times   9 Legal Analyses
    Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"
  6. National Organization for Women, Inc. v. Scheidler

    510 U.S. 249 (1994)   Cited 956 times
    Holding that "RICO contains no economic motive requirement"
  7. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,427 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”
  8. Mut. Pharm. Co. v. Bartlett

    570 U.S. 472 (2013)   Cited 429 times   67 Legal Analyses
    Holding "state-law design-defect claims that turn on the adequacy of a drug's warnings are pre-empted by federal law under PLIVA"
  9. Pike v. Bruce Church, Inc.

    397 U.S. 137 (1970)   Cited 1,719 times   27 Legal Analyses
    Holding that where a statute addresses "a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits"
  10. Fla. Avocado Growers v. Paul

    373 U.S. 132 (1963)   Cited 1,581 times   4 Legal Analyses
    Holding federal regulation concerning maturity of avocados did not preempt California regulation, where it was not impossible for growers to comply with both regulations
  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 361,487 times   960 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 11379 - Transport or import of controlled substances

    Cal. Health & Saf. Code § 11379   Cited 2,163 times
    Increasing the punishment for the "transport for sale" of a controlled substance
  13. Section 451 - Congressional statement of findings

    21 U.S.C. § 451   Cited 106 times   3 Legal Analyses
    In 21 U.S.C. § 451, Congress bases the entire PPIA on its finding that "[u]nwholesome, adulterated, or misbranded poultry products" hurt people and destroy markets for poultry.
  14. Section 453 - Definitions

    21 U.S.C. § 453   Cited 56 times   7 Legal Analyses
    Defining “adulterated” to include product that has been “prepared, packed, or held under insanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health”
  15. Section 25982 - Prohibited sale

    Cal. Health & Saf. Code § 25982   Cited 14 times   1 Legal Analyses
    Enacting California's foie gras ban in 2004, with July 1, 2012 effective date
  16. Section 25981 - Prohibited force feeding

    Cal. Health & Saf. Code § 25981   Cited 6 times

    A person may not force feed a bird for the purpose of enlarging the bird's liver beyond normal size, or hire another person to do so. Ca. Health and Saf. Code § 25981 Added by Stats 2004 ch 904 (SB 1520), s 1, eff. 1/1/2005, op. 7/1/2012.

  17. Section 381.1 - Definitions

    9 C.F.R. § 381.1   Cited 5 times   4 Legal Analyses

    (a) For the purposes of the regulations in this part, unless otherwise required by the context, the singular form shall also import the plural and the masculine form shall also import the feminine, and vice versa. (b) For the purposes of such regulations, unless otherwise required by the context, the following terms shall be construed, respectively, to mean: Acceptable. "Acceptable" means suitable for the purpose intended and acceptable to the Administrator. Act. "Act" means the Poultry Products