§Why CasetextPricing

Cornelius et al v. Deluca et al

MEMORANDUM DECISION AND ORDER granting in part and denying in part 128 Motion to Dismiss; granting in part and denying in part 137 Motion to Dismiss; granting with prejudice 165 Motion to Dismiss; granting with prejudice 168 Motion to Dismiss; granting with prejudice 169 Motion to Dismiss. Signed

82 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,702 times   23 Legal Analyses
    Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

  4. Omni Capital Int'l v. Rudolf Wolff Co.

    484 U.S. 97 (1987)   Cited 1,931 times   1 Legal Analyses
    Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service

  5. Milkovich v. Lorain Journal

    497 U.S. 1 (1990)   Cited 1,730 times   13 Legal Analyses
    Holding that a statement that implies a false assertion of fact may be actionable even if it is couched as a statement of opinion

  6. Jackson v. Birmingham Bd.

    544 U.S. 167 (2005)   Cited 909 times   12 Legal Analyses
    Holding that "the text of Title IX prohibits a funding recipient from retaliating against a person who speaks out against sex discrimination, because such retaliation is intentional ‘discrimination’ ‘on the basis of sex’ "

  7. Manzarek v. Marine

    519 F.3d 1025 (9th Cir. 2008)   Cited 2,853 times   1 Legal Analyses
    Holding that in evaluating a complaint on a motion to dismiss, the court “accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party”

  8. Schwarzenegger v. Fred Martin Motor Co.

    374 F.3d 797 (9th Cir. 2004)   Cited 2,748 times   1 Legal Analyses
    Holding that, in the tort context, "[t]he `express aiming' analysis depends, to a significant degree, on the specific type of tort or other wrongful conduct at issue"

  9. Goldlawr, Inc. v. Heiman

    369 U.S. 463 (1962)   Cited 1,813 times
    Holding that a lack of personal jurisdiction can be remedied by a transfer under § 1406

  10. Von Saher v. Norton Simon Museum of Art

    578 F.3d 1016 (9th Cir. 2009)   Cited 1,243 times
    Holding that a court may take judicial notice of publications to establish what was in the public realm at the time

  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 354,229 times   943 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 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. . . ."

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 92,835 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  15. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,533 times   324 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  16. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,507 times   55 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  17. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 5,012 times   149 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125

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

    47 U.S.C. § 230   Cited 1,055 times   168 Legal Analyses
    Preempting state law

  19. Section 516.120 - What actions within five years

    Mo. Rev. Stat. § 516.120   Cited 697 times   2 Legal Analyses
    Stating that "[a]ll actions upon contracts" shall be brought within five years

  20. Section 516.140 - What actions within two years

    Mo. Rev. Stat. § 516.140   Cited 113 times
    Providing a two-year statute of limitations for assault and battery

  21. Section 1601.28 - Notice of right to sue: Procedure and authority

    29 C.F.R. § 1601.28   Cited 573 times   5 Legal Analyses
    Describing exception to usual proceeding of terminating investigation upon issuance of notice of right-to-sue