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

RESPONSE in Opposition re MOTION to Dismiss Amended Complaint

55 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,003 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  2. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,144 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  3. Stewart Org., Inc. v. Ricoh Corp.

    487 U.S. 22 (1988)   Cited 4,913 times   12 Legal Analyses
    Holding that federal law determines the validity of a forum selection clause

  4. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,245 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  5. Connecticut Nat. Bank v. Germain

    503 U.S. 249 (1992)   Cited 2,720 times   8 Legal Analyses
    Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

  6. The Bremen v. Zapata Off-Shore Co.

    407 U.S. 1 (1972)   Cited 4,561 times   41 Legal Analyses
    Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

  7. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,626 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

  8. MAI Systems Corp. v. Peak Computer, Inc.

    991 F.2d 511 (9th Cir. 1993)   Cited 518 times   5 Legal Analyses
    Holding that unlicensed "copying" occurred when copyrighted software was transferred from a storage device to a computer in the United States

  9. Jones v. American Postal Workers Union

    192 F.3d 417 (4th Cir. 1999)   Cited 389 times   1 Legal Analyses
    Holding the ADA does not "require an employer to ignore such egregious misconduct by one of its employees, even if the misconduct was caused by the employee’s disability"

  10. Dow v. Jones

    232 F. Supp. 2d 491 (D. Md. 2002)   Cited 321 times
    Holding that the balance of factors was even and deferring to plaintiff's choice to litigate at home

  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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,307 times   323 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,670 times   188 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  15. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,480 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  16. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,849 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  17. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,032 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  18. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,270 times   408 Legal Analyses
    Holding cellular phones are protected

  19. Section 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 3,000 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases