50 Cited authorities

Clapper v. Amnesty Int'l USA
568 U.S. 398 (2013) Cited 3,299 times 169 Legal Analyses
Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 3,133 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Starr v. Baca
652 F.3d 1202 (9th Cir. 2011) Cited 5,495 times 2 Legal Analyses
Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
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"
Kearns v. Ford Motor Co.
567 F.3d 1120 (9th Cir. 2009) Cited 2,334 times 5 Legal Analyses
Holding that circumstances constituting fraud must be stated with particularity
Wyler Summit v. Turner Broadcasting Sys
135 F.3d 658 (9th Cir. 1998) Cited 1,255 times
Denying motion to dismiss contract claim
Collegesource Inc. v. Academyone Inc.
653 F.3d 1066 (9th Cir. 2011) Cited 612 times 1 Legal Analyses
Holding "a corporation incurs economic loss, for jurisdictional purposes, in the forum of its principal place of business"
Daugherty v. American Honda Motor Co., Inc.
144 Cal.App.4th 824 (Cal. Ct. App. 2006) Cited 577 times 7 Legal Analyses
Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"
Birdsong v. Apple
590 F.3d 955 (9th Cir. 2009) Cited 334 times 1 Legal Analyses
Holding that hypothetical injury was insufficient for standing
Action Embroidery v. Atl. Embroidery
368 F.3d 1174 (9th Cir. 2004) Cited 381 times
Holding that, "under Section 12 of the Clayton Act, the existence of personal jurisdiction over an antitrust defendant does not depend upon there being proper venue in that court"
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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,889 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity

Bernice Wimley et al v. FCA US LLC

50 Cited authorities

Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"

Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

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"

Holding that circumstances constituting fraud must be stated with particularity

Denying motion to dismiss contract claim

Holding "a corporation incurs economic loss, for jurisdictional purposes, in the forum of its principal place of business"

Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

Holding that hypothetical injury was insufficient for standing

Holding that, "under Section 12 of the Clayton Act, the existence of personal jurisdiction over an antitrust defendant does not depend upon there being proper venue in that court"

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

Requiring that fraud be pleaded with particularity