§Why CasetextPricing

Chappell v. Apple Computer Incorporated

MOTION to Dismiss for Lack of Jurisdiction Defendant Apple Inc.'s Motion to Dismiss Plaintiff's First Amended Complaint Under Fed.R.Civ.P. 12

24 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Nat'l R.R. Passenger Corp. v. Morgan

    536 U.S. 101 (2002)   Cited 10,314 times   31 Legal Analyses
    Holding limitations period for hostile-work-environment claim runs from the last act composing the claim

  3. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 52,377 times   95 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision

  4. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,667 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"

  5. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,082 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  6. Branch v. Tunnell

    14 F.3d 449 (9th Cir. 1994)   Cited 2,980 times
    Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"

  7. Mohasco Corp. v. Silver

    447 U.S. 807 (1980)   Cited 990 times
    Holding that an agency’s " ‘interpretation’ of a statute cannot supersede the language chosen by Congress"

  8. B.K.B. v. Maui Police Dept

    276 F.3d 1091 (9th Cir. 2002)   Cited 965 times
    Holding that misconduct committed "in an unreasonable and vexatious manner" that "multiplies the proceedings" violates § 1927

  9. Robertson v. Dean Witter Reynolds, Inc.

    749 F.2d 530 (9th Cir. 1984)   Cited 1,555 times
    Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order

  10. Lukovsky v. City

    535 F.3d 1044 (9th Cir. 2008)   Cited 642 times   2 Legal Analyses
    Holding that the statute of limitations begins to run on the date that the plaintiff's claim "accrues"

  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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,053 times   247 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race

  13. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 26,973 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires

  14. Section 12117 - Enforcement

    42 U.S.C. § 12117   Cited 3,417 times   10 Legal Analyses
    Adopting exhaustion procedures set forth in Title VII for ADA claims