§Why CasetextPricing

Consumer Cellular, Incorporated v. ConsumerAffairs.com, Inc. et al

Reply to Motion to Strike Plaintiff's Claims and Supporting Memorandum 9 .

62 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,684 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,575 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  3. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,142 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

  4. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 876 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

  5. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,241 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  6. Navellier v. Sletten

    29 Cal.4th 82 (Cal. 2002)   Cited 1,960 times   2 Legal Analyses
    Holding a claim for relief filed in federal district court is protected activity

  7. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,186 times   9 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”

  8. Vasquez v. Los Angeles

    487 F.3d 1246 (9th Cir. 2007)   Cited 970 times
    Holding that county's removal of the image of the cross from its official seal in order "to avoid a potential Establishment Clause violation [had a] valid secular purpose under Lemon"

  9. Wool v. Tandem Computers Inc.

    818 F.2d 1433 (9th Cir. 1987)   Cited 2,082 times   2 Legal Analyses
    Holding district court could, at pleading stage, "presume" corporate officers who had "direct involvement . . . in [corporation's] financial statements" were responsible for misleading information contained in corporation's prospectus

  10. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 904 times   2 Legal Analyses
    Holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant's fraudulently procured contracts were invalid

  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 362,493 times   962 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,394 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,090 times   170 Legal Analyses
    Preempting state law

  14. Section 646.638 - Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions

    ORS § 646.638   Cited 229 times   1 Legal Analyses
    Requiring Plaintiff to establish that Defendant's unlawful act was reckless or knowing