70 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,945 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
  2. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,714 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"
  3. Agostini v. Felton

    521 U.S. 203 (1997)   Cited 1,631 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"
  4. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 4,957 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"
  5. Rotella v. Wood

    528 U.S. 549 (2000)   Cited 922 times   4 Legal Analyses
    Holding discovery rule inapplicable to § 2462 limitations period
  6. W.R. Grace Co. v. Rubber Workers

    461 U.S. 757 (1983)   Cited 1,074 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
  7. Amerisourcebergen Corp. v. Dialysist West, Inc.

    465 F.3d 946 (9th Cir. 2006)   Cited 1,721 times
    Holding although leave to amend should be freely given, courts need not grant leave where amendment would be futile
  8. Klehr v. A. O. Smith Corp.

    521 U.S. 179 (1997)   Cited 541 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
  9. Arpin v. Santa Clara Valley Transp. Agency

    261 F.3d 912 (9th Cir. 2001)   Cited 1,791 times
    Holding that "conclusory allegations unsupported by factual data are insufficient to defeat summary judgment motion"
  10. DCD Programs, Ltd. v. Leighton

    833 F.2d 183 (9th Cir. 1987)   Cited 2,929 times
    Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint
  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 349,819 times   936 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,652 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
  13. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,641 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  14. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,946 times   21 Legal Analyses
    Determining whether counterclaims are compulsory
  15. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,626 times   56 Legal Analyses
    Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"