19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 times 365 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' "
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,666 times 8 Legal Analyses
Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
Cook, Perkiss Liehe v. N.C. Collection Serv
911 F.2d 242 (9th Cir. 1990) Cited 2,221 times 2 Legal Analyses
Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"
Turner v. Cook
362 F.3d 1219 (9th Cir. 2004) Cited 534 times 1 Legal Analyses
Holding that court judgments are not transactions under the FDCPA; a transaction under the FDCPA must involve some kind of business dealing or consensual obligation
Henderson v. Gruma Corporation
Case No. CV 10-04173 AHM (AJWx) (C.D. Cal. Apr. 11, 2011) Cited 83 times 4 Legal Analyses
Finding that plaintiffs satisfied the requirements for Article III standing by satisfying the requirements for standing under the FAL, UCL, and CLRA, even though they did not allege a threat of future injury
U.S. v. Gay
967 F.2d 322 (9th Cir. 1992) Cited 122 times
Holding a “three judge panel ... cannot reconsider or overrule the decision of a prior panel” unless “an intervening Supreme Court decision undermines an existing precedent of the Ninth Circuit, and both cases are closely on point”
Summit Technology, Inc. v. High-Line Medical Instruments, Co.
933 F. Supp. 918 (C.D. Cal. 1996) Cited 91 times 1 Legal Analyses
Finding that the phrase "perfectly reliable" was "mere puffery" under the Lanham Act
Anderson v. Ayling
396 F.3d 265 (3d Cir. 2005) Cited 64 times
Holding that there was an insufficient nexus between the alleged RICO injury and the defendants in part because the defendants' actions were "filtered through long chain of intervening causes"
Howard v. Superior Court
2 Cal.App.4th 745 (Cal. Ct. App. 1992) Cited 67 times
Aiding and abetting does "not require a defendant to agree to join the wrongful conduct" but "necessarily requires a defendant to reach a conscious decision to participate in tortious activity for the purpose of assisting another in performing a wrongful act"
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,897 times 60 Legal Analyses
Specifying prohibited activities
Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises
18 U.S.C. § 1952 Cited 3,263 times 42 Legal Analyses
Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law
Section 7 - Tense; gender; definitions
Cal. Pen. Code § 7 Cited 874 times
Explaining that "willfully" means "a purpose or willingness to commit the act"
Section 1090 - Financial interest in contract made in official capacity; purchaser at sale made in official capacity
Cal. Gov. Code § 1090 Cited 260 times 3 Legal Analyses
Prohibiting public employees and officers from being "financially interested in any contract made by them in their official capacity, or by any body or board of which they are members"

County of Marin v. Deloitte Consulting LLP et al

19 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

Holding that court judgments are not transactions under the FDCPA; a transaction under the FDCPA must involve some kind of business dealing or consensual obligation

Finding that plaintiffs satisfied the requirements for Article III standing by satisfying the requirements for standing under the FAL, UCL, and CLRA, even though they did not allege a threat of future injury

Holding a “three judge panel ... cannot reconsider or overrule the decision of a prior panel” unless “an intervening Supreme Court decision undermines an existing precedent of the Ninth Circuit, and both cases are closely on point”

Finding that the phrase "perfectly reliable" was "mere puffery" under the Lanham Act

Holding that there was an insufficient nexus between the alleged RICO injury and the defendants in part because the defendants' actions were "filtered through long chain of intervening causes"

Aiding and abetting does "not require a defendant to agree to join the wrongful conduct" but "necessarily requires a defendant to reach a conscious decision to participate in tortious activity for the purpose of assisting another in performing a wrongful act"

Specifying prohibited activities

Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

Explaining that "willfully" means "a purpose or willingness to commit the act"

Prohibiting public employees and officers from being "financially interested in any contract made by them in their official capacity, or by any body or board of which they are members"