§Why CasetextPricing

Barnes v. Yahoo, Inc.

Memorandum in Support of Motion to Dismiss Amended Complaint.

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 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 279,933 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. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,958 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 1,409 times   7 Legal Analyses
    Holding that "for individual defendants' stock sales to raise an inference of scienter, plaintiffs must provide a 'meaningful trading history' for purposes of comparison to the stock sales within the class period," and that "[e]ven if the defendant's trading history is simply not available, for reasons beyond a plaintiff's control, the plaintiff is not excused from pleading the relevant history"

  5. Cholla Ready Mix, Inc. v. Civish

    382 F.3d 969 (9th Cir. 2004)   Cited 495 times
    Holding religious use of historical site by others was not attributable to the federal government

  6. US Ecology, Inc. v. State

    129 Cal.App.4th 887 (Cal. Ct. App. 2005)   Cited 303 times
    Holding that causation is an element of a promissory estoppel claim

  7. Barnes v. Yahoo!, Inc.

    570 F.3d 1096 (9th Cir. 2009)   Cited 262 times   10 Legal Analyses
    Holding that Yahoo! was immune from liability for negligently declining to remove indecent third-party content

  8. Fields v. Legacy Health System

    413 F.3d 943 (9th Cir. 2005)   Cited 235 times
    Upholding statute against substantive due process challenge on rational basis review; recognizing a distinction between vested and non-vested property rights only in the context of petitioner's procedural due process claim

  9. Carafano v. Metrosplash.com, Inc.

    339 F.3d 1119 (9th Cir. 2003)   Cited 214 times   10 Legal Analyses
    Holding that a dating site could not "be considered an 'information content provider' under the [CDA] because no profile has any content until a user actively creates it"

  10. Zima v. North Colonie Central School District

    225 A.D.2d 993 (N.Y. App. Div. 1996)   Cited 33 times
    Finding that "although it is clear that no major winter storm occurred at the time of the accident, the undisputed proof sufficiently establishes the existence of an ongoing hazardous weather condition that defendant was under no obligation to correct until a reasonable time after it had ended"

  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 361,619 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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 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. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,082 times   170 Legal Analyses
    Preempting state law