§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 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 times   367 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 4,677 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 1,909 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 1,721 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

  6. Jackson v. Birmingham Bd.

    544 U.S. 167 (2005)   Cited 899 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 2,803 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 2,728 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 1,809 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 1,226 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 351,086 times   937 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 158,801 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 91,980 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 70,485 times   126 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 15,420 times   322 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 14,383 times   54 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 4,955 times   148 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 1,040 times   168 Legal Analyses
    Limiting liability

  19. Section 516.120 - What actions within five years

    Mo. Rev. Stat. § 516.120   Cited 694 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 572 times   5 Legal Analyses
    Describing exception to usual proceeding of terminating investigation upon issuance of notice of right-to-sue