73 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,589 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,823 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
Lexmark Int'l, Inc. v. Static Control Components, Inc.
572 U.S. 118 (2014) Cited 2,983 times 73 Legal Analyses
Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,519 times 45 Legal Analyses
Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,272 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Reed Elsevier v. Muchnick
559 U.S. 154 (2010) Cited 1,152 times 15 Legal Analyses
Holding that the Copyright Act's requirement that copyright holders register their works before suing for infringement "is a precondition to filing a claim that does not restrict a federal court's subject-matter jurisdiction"
Boyle v. United States
556 U.S. 938 (2009) Cited 1,171 times 9 Legal Analyses
Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."
Reves v. Ernst Young
507 U.S. 170 (1993) Cited 1,433 times 1 Legal Analyses
Holding that the defendant "participates" if he "directs" the pattern of racketeering activity
Hemi Group, LLC v. City of New York
559 U.S. 1 (2010) Cited 776 times 2 Legal Analyses
Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves
Anza v. Ideal Steel Supply Corp.
547 U.S. 451 (2006) Cited 868 times 5 Legal Analyses
Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's 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 357,946 times 950 Legal Analyses
Granting 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 162,144 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,179 times 61 Legal Analyses
Specifying prohibited activities
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,651 times 326 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"
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,157 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,197 times 43 Legal Analyses
Granting civil remedies for RICO violation
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,870 times 108 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 102 - Subject matter of copyright: In general
17 U.S.C. § 102 Cited 2,292 times 121 Legal Analyses
Granting protection to "literary works"
Section 411 - Registration and civil infringement actions
17 U.S.C. § 411 Cited 1,521 times 134 Legal Analyses
In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.
Section 301 - Preemption with respect to other laws
17 U.S.C. § 301 Cited 1,429 times 20 Legal Analyses
Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

Avalos v. IAC/Interactivecorp. et al

73 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"

Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that the Copyright Act's requirement that copyright holders register their works before suing for infringement "is a precondition to filing a claim that does not restrict a federal court's subject-matter jurisdiction"

Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Specifying prohibited activities

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Defining what the terms “person” and “enterprise” include

Granting civil remedies for RICO violation

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Granting protection to "literary works"

In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"