12 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,127 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,340 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,918 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
Fantasy, Inc. v. Fogerty
984 F.2d 1524 (9th Cir. 1993) Cited 1,396 times 1 Legal Analyses
Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
Bureerong v. Uvawas
922 F. Supp. 1450 (C.D. Cal. 1996) Cited 394 times 1 Legal Analyses
Holding that a Rule 12(e) motion must attack the unintelligibility of a pleading, not merely the lack of detail
American Airlines v. Sheppard
96 Cal.App.4th 1017 (Cal. Ct. App. 2002) Cited 108 times
Holding that although defendants had been "disingenuous" and acted with "willful and conscious disregard" of the plaintiff's interests, their conduct did not "reach the level of despicability found in cases in which punitive damages were found to be proper"
Gay-Straight Alliance Network v. Visalia Unified School Dist.
262 F. Supp. 2d 1088 (E.D. Cal. 2001) Cited 64 times
Striking prayer for punitive damages because public entities "cannot be sued under [42 U.S.C. § 1983] as a matter of law for punitive damages"
Monge v. Superior Court
176 Cal.App.3d 503 (Cal. Ct. App. 1986) Cited 31 times
Finding that conclusory language may adequately plead malice "when read in context with the facts alleged as to defendants' conduct"
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 361,853 times 961 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 164,069 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,154 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,873 times 11 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"

Berger et al v. Seyfarth Shaw, LLP et al

12 Cited authorities

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 "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

Holding that a Rule 12(e) motion must attack the unintelligibility of a pleading, not merely the lack of detail

Holding that although defendants had been "disingenuous" and acted with "willful and conscious disregard" of the plaintiff's interests, their conduct did not "reach the level of despicability found in cases in which punitive damages were found to be proper"

Striking prayer for punitive damages because public entities "cannot be sued under [42 U.S.C. § 1983] as a matter of law for punitive damages"

Finding that conclusory language may adequately plead malice "when read in context with the facts alleged as to defendants' conduct"

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. . . ."

Requiring that fraud be pleaded with particularity

Stating plaintiff may recover punitive damages "in addition to the actual damages"