28 Cited authorities

Knievel v. ESPN
393 F.3d 1068 (9th Cir. 2005) Cited 2,263 times 2 Legal Analyses
Holding “even though the plaintiff does not explicitly allege the contents of th[e] document in the complaint,” courts may consider documents defendant attaches to its motion to dismiss and where authenticity is not disputed by parties
Watterson v. Page
987 F.2d 1 (1st Cir. 1993) Cited 1,344 times
Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony
Applied Equipment Corp. v. Litton Saudi Arabia Ltd.
7 Cal.4th 503 (Cal. 1994) Cited 1,159 times 5 Legal Analyses
Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
IN RE STAC ELECTRONICS SECURITIES LITIGATION
89 F.3d 1399 (9th Cir. 1996) Cited 778 times
Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements
Reiss v. Financial Performance Corporation
97 N.Y.2d 195 (N.Y. 2001) Cited 369 times
Holding courts "may not by construction add or excise terms, nor distort the meaning of those used and thereby make a new contract for the parties under the guise of interpreting the writing."
Reeves v. Hanlon
33 Cal.4th 1140 (Cal. 2004) Cited 285 times 12 Legal Analyses
Holding "a plaintiff may recover damages for intentional interference with an at-will employment relation under the same California standard applicable to claims for intentional interference with prospective economic advantage"
Blackstone v. Cashman
448 Mass. 255 (Mass. 2007) Cited 193 times
Defining the tort, in the employment context, as interference with "a present or prospective contract or employment relationship"
G.S. Enterprises, Inc. v. Falmouth Marine, Inc.
410 Mass. 262 (Mass. 1991) Cited 244 times
Holding that filing of groundless lawsuit can support claims for intentional interference with contractual relations and for violation of G. L. c. 93A
Rederford v. U.S. Airways
589 F.3d 30 (1st Cir. 2009) Cited 131 times 2 Legal Analyses
Holding that an 2008 ADA suit based upon a termination that occurred prior to the defendant's 2003 bankruptcy was discharged
Deer Park Enterprises, LLC v. Ail Systems, Inc.
57 A.D.3d 711 (N.Y. App. Div. 2008) Cited 88 times
Finding breach of implied covenant of good faith and fair dealing claim duplicative where "the conduct and resulting injury alleged" was identical to breach of contract claims alleged in complaint
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 334,839 times 904 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 87,652 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
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 26,798 times 192 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Baker et al v. Healthfusion, Inc. et al

28 Cited authorities

Holding “even though the plaintiff does not explicitly allege the contents of th[e] document in the complaint,” courts may consider documents defendant attaches to its motion to dismiss and where authenticity is not disputed by parties

Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony

Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

Holding courts "may not by construction add or excise terms, nor distort the meaning of those used and thereby make a new contract for the parties under the guise of interpreting the writing."

Holding "a plaintiff may recover damages for intentional interference with an at-will employment relation under the same California standard applicable to claims for intentional interference with prospective economic advantage"

Defining the tort, in the employment context, as interference with "a present or prospective contract or employment relationship"

Holding that filing of groundless lawsuit can support claims for intentional interference with contractual relations and for violation of G. L. c. 93A

Holding that an 2008 ADA suit based upon a termination that occurred prior to the defendant's 2003 bankruptcy was discharged

Finding breach of implied covenant of good faith and fair dealing claim duplicative where "the conduct and resulting injury alleged" was identical to breach of contract claims alleged in complaint

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

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

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred