70 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 29,223 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
Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,822 times 5 Legal Analyses
Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
Agostini v. Felton
521 U.S. 203 (1997) Cited 1,640 times 6 Legal Analyses
Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"
Eminence Capital, LLC v. Aspeon, Inc.
316 F.3d 1048 (9th Cir. 2003) Cited 5,010 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"
Rotella v. Wood
528 U.S. 549 (2000) Cited 931 times 4 Legal Analyses
Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions
W.R. Grace Co. v. Rubber Workers
461 U.S. 757 (1983) Cited 1,075 times 2 Legal Analyses
Holding that an arbitrator's conclusion that he was not bound by a prior arbitrator's decision was binding on the federal courts
Amerisourcebergen Corp. v. Dialysist West, Inc.
465 F.3d 946 (9th Cir. 2006) Cited 1,745 times
Holding although leave to amend should be freely given, courts need not grant leave where amendment would be futile
Klehr v. A. O. Smith Corp.
521 U.S. 179 (1997) Cited 546 times 3 Legal Analyses
Holding that "reasonable diligence" was required to invoke the doctrine of fraudulent concealment in the context of civil RICO by analogy to antitrust cases
Arpin v. Santa Clara Valley Transp. Agency
261 F.3d 912 (9th Cir. 2001) Cited 1,805 times
Holding that "conclusory allegations unsupported by factual data are insufficient to defeat summary judgment motion"
DCD Programs, Ltd. v. Leighton
833 F.2d 183 (9th Cir. 1987) Cited 2,946 times
Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended 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 354,229 times 943 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 92,835 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
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,742 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Rule 13 - Counterclaim and Crossclaim
Fed. R. Civ. P. 13 Cited 4,969 times 21 Legal Analyses
Determining whether counterclaims are compulsory
Section 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,656 times 57 Legal Analyses
Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"

Carter Bryant v. Mattel Inc

70 Cited authorities

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

Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

Holding that "lower courts should follow the case which directly controls, leaving to this Court the prerogative of overruling its own decisions"

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 RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions

Holding that an arbitrator's conclusion that he was not bound by a prior arbitrator's decision was binding on the federal courts

Holding although leave to amend should be freely given, courts need not grant leave where amendment would be futile

Holding that "reasonable diligence" was required to invoke the doctrine of fraudulent concealment in the context of civil RICO by analogy to antitrust cases

Holding that "conclusory allegations unsupported by factual data are insufficient to defeat summary judgment motion"

Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended 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

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Determining whether counterclaims are compulsory

Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"