24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,796 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,848 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,349 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,558 times 45 Legal Analyses
Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
Petrella v. Metro-Goldwyn-Mayer, Inc.
572 U.S. 663 (2014) Cited 529 times 78 Legal Analyses
Holding that laches is not a defense to damages for copyright infringement
Anderson v. Sara Lee
508 F.3d 181 (4th Cir. 2007) Cited 581 times 3 Legal Analyses
Holding that the FLSA preempts state law claims that "depend on establishing that [the defendant] violated the FLSA"
Chao v. Rivendell Woods, Inc.
415 F.3d 342 (4th Cir. 2005) Cited 509 times
Holding complaint alleging FLSA violation sufficient as it identified the employees alleged to have worked overtime, described employer's FLSA violations, and alleged the time frame in which the violations occurred
SimplexGrinnell LP v. Integrated Systems & Power, Inc.
642 F. Supp. 2d 206 (S.D.N.Y. 2009) Cited 164 times
Holding that, where contract granted right to use copyright work for licensee's "existing customer base," using the copyrighted work for new customers constituted copyright infringement
GoDaddy.com, LLC v. Toups
429 S.W.3d 752 (Tex. App. 2014) Cited 85 times 2 Legal Analyses
Finding that § 230 affords interactive computer service providers immunity from civil liability even if the posted content is illegal or forms the basis of a criminal prosecution
Arista Records LLC v. Greubel
453 F. Supp. 2d 961 (N.D. Tex. 2006) Cited 63 times
Holding that failure to attach the copyright registration is not grounds for dismissal where plaintiff pleads that they have registered copyrights properly with the copyright office
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 361,487 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,915 times 109 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Computer Sciences Corporation v. Cognizant Technology Solutions U.S. Corporation

24 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

Holding that laches is not a defense to damages for copyright infringement

Holding that the FLSA preempts state law claims that "depend on establishing that [the defendant] violated the FLSA"

Holding complaint alleging FLSA violation sufficient as it identified the employees alleged to have worked overtime, described employer's FLSA violations, and alleged the time frame in which the violations occurred

Holding that, where contract granted right to use copyright work for licensee's "existing customer base," using the copyrighted work for new customers constituted copyright infringement

Finding that § 230 affords interactive computer service providers immunity from civil liability even if the posted content is illegal or forms the basis of a criminal prosecution

Holding that failure to attach the copyright registration is not grounds for dismissal where plaintiff pleads that they have registered copyrights properly with the copyright office

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”