82 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,409 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,611 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. Milkovich v. Lorain Journal

    497 U.S. 1 (1990)   Cited 1,699 times   13 Legal Analyses
    Holding that statement of "opinion" reasonably implying false and defamatory facts is subject to same culpability requirements as statement of facts
  5. Omni Capital Int'l v. Rudolf Wolff Co.

    484 U.S. 97 (1987)   Cited 1,873 times   1 Legal Analyses
    Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service
  6. Jackson v. Birmingham Bd.

    544 U.S. 167 (2005)   Cited 876 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 2,698 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 2,650 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 1,794 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 1,180 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 344,481 times   920 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 155,481 times   193 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 90,158 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 68,513 times   121 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 15,231 times   320 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 14,055 times   52 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 4,865 times   144 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 1,011 times   167 Legal Analyses
    Limiting liability
  19. Section 516.120 - What actions within five years

    Mo. Rev. Stat. § 516.120   Cited 687 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 569 times   5 Legal Analyses
    Describing exception to usual proceeding of terminating investigation upon issuance of notice of right-to-sue