20 Cited authorities

  1. 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
  2. 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
  3. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,479 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. Wilton v. Seven Falls Co.

    515 U.S. 277 (1995)   Cited 4,387 times   7 Legal Analyses
    Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
  5. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 5,065 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"
  6. Manzarek v. Marine

    519 F.3d 1025 (9th Cir. 2008)   Cited 2,911 times   1 Legal Analyses
    Holding that in evaluating a complaint on a motion to dismiss, the court “accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party”
  7. Md. Casualty Co. v. Pacific Co.

    312 U.S. 270 (1941)   Cited 2,958 times   7 Legal Analyses
    Holding that declaratory judgment action was ripe where state action was pending, and state law gave party the right to sue the other
  8. Bowles v. Reade

    198 F.3d 752 (9th Cir. 1999)   Cited 979 times
    Holding that a plan participant cannot settle an ERISA § 502 claim without the plan’s consent
  9. Chudacoff v. Univ. Med. Ctr. of S. Nevada

    649 F.3d 1143 (9th Cir. 2011)   Cited 473 times
    Holding county hospital's medical committee members were state actors, because the hospital was a public entity that was required to "meet the provisions of the Fourteenth Amendment," and defendants' authority "flow[ed] directly from the state"
  10. United States v. Webb

    655 F.2d 977 (9th Cir. 1981)   Cited 1,150 times
    Holding denial of leave to amend, based solely on delay, improper; finding "delay alone no matter how lengthy is an insufficient ground for denial of leave to amend"
  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 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
  12. 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. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,811 times   92 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
  14. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,036 times   148 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney