19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 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
  3. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,592 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
  4. Global-Tech Appliances, Inc. v. Seb S. A.

    563 U.S. 754 (2011)   Cited 836 times   67 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."
  5. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,936 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
  6. Hartmann v. Cal. Dep't of Corr. & Rehab.

    707 F.3d 1114 (9th Cir. 2013)   Cited 1,811 times
    Holding that official who was "the 'most appropriate' defendant to execute court-ordered injunctive relief" and the official who "would have the authority to ensure execution of any order issued" were "proper official-capacity defendants for Plaintiffs' Establishment Clause claim"
  7. Emrich v. Touche Ross Co.

    846 F.2d 1190 (9th Cir. 1988)   Cited 4,102 times
    Holding proceedings and determinations of the courts are a matter of public record suitable for judicial notice
  8. Cutera Securities Litigation v. Conners

    610 F.3d 1103 (9th Cir. 2010)   Cited 493 times   3 Legal Analyses
    Holding that "statements fall outside the safe harbor if the plaintiff can allege facts that would create a strong inference that the defendants made the [statements] at issue with ‘actual knowledge ... that the statement was false or misleading’ "
  9. Laitram Corp. v. Rexnord, Inc.

    939 F.2d 1533 (Fed. Cir. 1991)   Cited 396 times
    Holding that the doctrine of claim differentiation yields to an interpretation mandated by § 112, ¶ 6
  10. E.Digital Corp. v. iBaby Labs, Inc.

    Case No. 15-cv-05790-JST (N.D. Cal. Aug. 22, 2016)   Cited 27 times
    Holding that patent infringement claims can only succeed if each limitation of a claim is met
  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 361,353 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
  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 100,320 times   686 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,751 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  14. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,180 times   1084 Legal Analyses
    Holding that testing is a "use"