28 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,667 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
  2. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 4,896 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"
  3. Leadsinger, Inc. v. BMG Music Publishing

    512 F.3d 522 (9th Cir. 2008)   Cited 1,371 times   1 Legal Analyses
    Holding that a court may deny leave to amend where amendment would be futile
  4. DCD Programs, Ltd. v. Leighton

    833 F.2d 183 (9th Cir. 1987)   Cited 2,904 times
    Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint
  5. Bowles v. Reade

    198 F.3d 752 (9th Cir. 1999)   Cited 956 times
    Holding that a plan participant cannot settle an ERISA § 502 claim without the plan’s consent
  6. Jackson v. Bank of Hawaii

    902 F.2d 1385 (9th Cir. 1990)   Cited 1,315 times
    Holding that plaintiffs are not entitled to amend to add claims that "advance different legal theories and require proof of different facts"
  7. Miller v. Rykoff-Sexton, Inc.

    845 F.2d 209 (9th Cir. 1988)   Cited 1,306 times
    Holding that amendment is futile if no set of facts can be proven under the amendment that would constitute a valid claim
  8. Union Pacific R. Co. v. Nevada Power Co.

    950 F.2d 1429 (9th Cir. 1991)   Cited 141 times
    Holding that the court would not make rulings dependent on speculation as to what might happen between the parties in further proceedings
  9. United States v. Pend Oreille Public Utility District No. 1

    926 F.2d 1502 (9th Cir. 1991)   Cited 75 times
    Holding that evidence of tribal dependence upon a river and the United States' awareness of that dependence is insufficient to satisfy plaintiff's burden without additional "compelling evidence" of federal intent to retain submerged lands for benefit of tribe
  10. SANTANA ROW HOTEL PARTNERS v. ZURICH AMER. INS. CO

    NO. C 05-00198 JW (N.D. Cal. Jun. 20, 2006)

    NO. C 05-00198 JW. June 20, 2006 ORDER GRANTING PLAINTIFF'S MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT JAMES WARE, District Judge I. INTRODUCTION Plaintiff Santana Row Hotel Partners, LP ("Plaintiff") brings suit against Zurich America Insurance Company ("Zurich"), Gallagher-Pipino, Inc. ("Gallagher"), and Arthur J. Gallagher Co. ("AJG") alleging breach of contract and fraud. Presently before this Court is Plaintiff's motion to amend its complaint to add a claim for breach of duty against

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,534 times   135 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,683 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,860 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,553 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices
  16. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,291 times   320 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
  17. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,280 times   1025 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it
  18. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,056 times   449 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."
  19. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,048 times   1052 Legal Analyses
    Holding that testing is a "use"
  20. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,938 times   950 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"