§Why CasetextPricing

Claredi Corporation v. SeeBeyond Technology Corporation

MEMORANDUM in Opposition re MOTION to Dismiss Case and for Partial Summary Judgment and Request for Additional Time to Supplement Opposition

13 Cited authorities

  1. Becker v. University of Nebraska

    191 F.3d 904 (8th Cir. 1999)   Cited 265 times
    Holding the plaintiff's ADEA claim against the University of Nebraska is barred by the Eleventh Amendment

  2. McCalden v. California Library Ass'n

    955 F.2d 1214 (9th Cir. 1990)   Cited 340 times
    Holding that a plaintiff “is not required to state the statutory or constitutional basis for his claim, only the facts underlying it”

  3. Molsbergen v. United States

    757 F.2d 1016 (9th Cir. 1985)   Cited 147 times
    Holding that the federal rules give freedom to plead inconsistent claims

  4. Rrx Industries, Inc. v. Lab-Con, Inc.

    772 F.2d 543 (9th Cir. 1985)   Cited 113 times
    Finding that license for mass-produced software for use in medical laboratories was covered by the UCC, even when the software contract also provided for ancillary services such as training, repair, and system upgrading

  5. Hiatt v. Mazda Motor Corporation

    75 F.3d 1252 (8th Cir. 1996)   Cited 54 times
    Explaining “in a suit based on diversity of citizenship jurisdiction the federal courts apply federal law as to matters of procedure but the substantive law of the relevant state”

  6. People v. First Federal Credit Corp.

    104 Cal.App.4th 721 (Cal. Ct. App. 2002)   Cited 35 times
    Declining to apply to a civil penalty award the holding of Adams v. Murakami 54 Cal.3d 105, 108–109, 284 Cal.Rptr. 318, 813 P.2d 1348 (Murakami) requiring evidence of a defendant’s financial condition to be presented by a plaintiff in a punitive damages case

  7. Tri-Growth Centre City v. Silldorf, Burdman

    216 Cal.App.3d 1139 (Cal. Ct. App. 1989)   Cited 45 times   2 Legal Analyses
    Leaving for resolution at trial the factual issue of whether a fiduciary duty in fact existed

  8. Rader Co. v. Stone

    178 Cal.App.3d 10 (Cal. Ct. App. 1986)   Cited 51 times
    Noting that at pleading stage plaintiff may plead inconsistent and alternative counts

  9. McQuirk v. Donnelley

    189 F.3d 793 (9th Cir. 1999)   Cited 30 times
    Holding that Plaintiffs' claims for defamation, interference with business expectancy and intentional infliction of emotional distress are all intentional wrongs

  10. Ethex Corp. v. First Horizon Pharmaceutical Corp.

    228 F. Supp. 2d 1048 (E.D. Mo. 2002)   Cited 19 times   1 Legal Analyses
    Noting that courts "have refused to allow plaintiffs to state a claim based on implicit representations of FDA approval"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1668 - Exemption from responsibility of own fraud or willful injury

    Cal. Civ. Code § 1668   Cited 625 times   5 Legal Analyses
    Prohibiting contractual waivers, whether "direct or indirect," that "exempt any one from responsibility for his own ... violation of law"

  13. Section 2719 - Contractual modification or limitation of remedy

    Cal. Com. Code § 2719   Cited 47 times
    Allowing disclaimed consequential damages "[w]here circumstances cause an exclusive or limited remedy to fail of its essential purpose"