33 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 274,949 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
Calder v. Jones
465 U.S. 783 (1984) Cited 4,721 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"
Young v. City of Mount Ranier
238 F.3d 567 (4th Cir. 2001) Cited 2,373 times
Holding that "[p]retrial detainees are entitled to at least the same protection under the Fourteenth Amendment as are convicted prisoners under the Eighth Amendment"
Jackson v. Bellsouth Telecomms.
372 F.3d 1250 (11th Cir. 2004) Cited 1,835 times 1 Legal Analyses
Holding that the same analysis applies to federal and Florida RICO claims
ALS Scan, Inc. v. Dig. Serv. Consultants, Inc.
293 F.3d 707 (4th Cir. 2002) Cited 896 times 7 Legal Analyses
Holding that a Maryland court could not exercise personal jurisdiction over a “passive” Internet service provider when that Internet service provider only enabled the tortfeasor “to create a website and send information over the Internet”
Chao v. Rivendell Woods, Inc.
415 F.3d 342 (4th Cir. 2005) Cited 509 times
Holding complaint alleging FLSA violation sufficient as it identified the employees alleged to have worked overtime, described employer's FLSA violations, and alleged the time frame in which the violations occurred
Brown v. Califano
75 F.R.D. 497 (D.D.C. 1977) Cited 1,158 times
Finding the purpose of the Rule 8 standard is to ensure defendants receive fair notice of the claim being asserted so they can prepare an adequate defense
Rano v. Sipa Press, Inc.
987 F.2d 580 (9th Cir. 1993) Cited 226 times
Holding federal court had subject matter jurisdiction over claim seeking injunction, impoundment, "damages and profits," and attorney's fees provided for under Copyright Act
Dodge v. Susquehanna University
796 F. Supp. 829 (M.D. Pa. 1992) Cited 199 times
Holding that a motion to reconsider is not supported by a "clear error of law" when a party merely disagrees with the court's conclusion
U.S. v. Smith
413 F.3d 1253 (10th Cir. 2005) Cited 123 times
Holding that any error by the district court in failing to instruct the jury that it had to find that the gang's activities "substantially" affected interstate commerce was not plain
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 355,868 times 945 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 161,044 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 71,767 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
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,163 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,120 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1030 - Fraud and related activity in connection with computers
18 U.S.C. § 1030 Cited 3,310 times 409 Legal Analyses
Holding cellular phones are protected
Section 1400 - Patents and copyrights, mask works, and designs
28 U.S.C. § 1400 Cited 2,190 times 321 Legal Analyses
Identifying proper venue for copyright and patent suits
Section 506 - Criminal offenses
17 U.S.C. § 506 Cited 277 times 13 Legal Analyses
Criminalizing fraudulent use of copyright notice

CoStar Realty Information, Inc. et al v. Mark Field, et al

33 Cited authorities

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

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"

Holding that "[p]retrial detainees are entitled to at least the same protection under the Fourteenth Amendment as are convicted prisoners under the Eighth Amendment"

Holding that the same analysis applies to federal and Florida RICO claims

Holding that a Maryland court could not exercise personal jurisdiction over a “passive” Internet service provider when that Internet service provider only enabled the tortfeasor “to create a website and send information over the Internet”

Holding complaint alleging FLSA violation sufficient as it identified the employees alleged to have worked overtime, described employer's FLSA violations, and alleged the time frame in which the violations occurred

Finding the purpose of the Rule 8 standard is to ensure defendants receive fair notice of the claim being asserted so they can prepare an adequate defense

Holding federal court had subject matter jurisdiction over claim seeking injunction, impoundment, "damages and profits," and attorney's fees provided for under Copyright Act

Holding that a motion to reconsider is not supported by a "clear error of law" when a party merely disagrees with the court's conclusion

Holding that any error by the district court in failing to instruct the jury that it had to find that the gang's activities "substantially" affected interstate commerce was not plain

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Defining what the terms “person” and “enterprise” include

Holding cellular phones are protected

Identifying proper venue for copyright and patent suits

Criminalizing fraudulent use of copyright notice