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Craft Brew Alliance, Inc. v. Baxter, Bailey & Associates, Inc.

Motion to Dismiss for Failure to State a Claim or Stay.

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,848 times   369 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

  3. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,392 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court

  4. Kerotest Mfg. Co. v. C-O-Two Co.

    342 U.S. 180 (1952)   Cited 1,173 times   1 Legal Analyses
    Upholding stay

  5. Kohn Law Grp., Inc. v. Auto Parts Mfg. Miss., Inc.

    787 F.3d 1237 (9th Cir. 2015)   Cited 247 times   1 Legal Analyses
    Holding that the first-to-file rule does not require an exact identity of parties and finding a substantial similarity of parties when an additional defendant was named in the first but not the second suit

  6. Church of Scientology, Etc. v. U.S. Dept

    611 F.2d 738 (9th Cir. 1980)   Cited 720 times
    Finding an exception to the first-to-file rule where the second-filed case had proceeded beyond the first-filed case

  7. Animal Legal Defense Fund v. U.S. Food & Drug Admin.

    836 F.3d 987 (9th Cir. 2016)   Cited 236 times
    Affirming the trial court's in camera review in part due to the "small number of documents requested, and their relative brevity"

  8. Pacesetter Sys., Inc. v. Medtronic, Inc.

    678 F.2d 93 (9th Cir. 1982)   Cited 614 times   1 Legal Analyses
    Holding dismissal is proper "when a complaint involving the same parties and issues has already been filed in another district"

  9. Harris County Texas v. Carmax Auto Superstores

    177 F.3d 306 (5th Cir. 1999)   Cited 133 times
    Holding federal injunction countermanding a state court injunction did not violate Anti-Injunction Act

  10. Horton v. Nelson

    252 Or. App. 611 (Or. Ct. App. 2012)   Cited 22 times
    Reviewing for whether the complaint stated a claim after dismissal that was based, in part, on failure to comply with order of the court about content of pleading

  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 361,487 times   960 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 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 30,015 times   181 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place

  14. Section 646.638 - Civil action by private party; damages; attorney fees; effect of prior injunction; time for commencing action; counterclaim; class actions

    ORS § 646.638   Cited 228 times   1 Legal Analyses
    Requiring Plaintiff to establish that Defendant's unlawful act was reckless or knowing

  15. Section 646.608 - [Operative 1/1/2025] Additional unlawful business, trade practices; proof; rules

    ORS § 646.608   Cited 121 times   2 Legal Analyses
    Prohibiting misrepresentations about the "characteristics" of a product

  16. Section 646.632 - Enjoining unlawful trade practices; assurance of voluntary compliance; attorney fees

    ORS § 646.632   Cited 36 times   2 Legal Analyses
    Providing that a prosecuting attorney may bring suit in the name of the state after complying with the notice and AVC requirements

  17. Section 646.607 - Unlawful business, trade practices

    ORS § 646.607   Cited 35 times   3 Legal Analyses
    Setting forth unlawful trade practices

  18. Section 137-020-0010 - Trade Practices Act

    Or. Admin. Code § 137-020-0010   Cited 1 times

    (1) Purpose: It is the purpose of this rule to declare as an unlawful trade practice certain representations relating to price reductions. (2) Scope: At present, it is unlawful under ORS 646.608(1)(j) to make "false or misleading representations of fact concerning the reasons for, existence of, or amounts of price reductions." This rule is intended to define types of price comparisons which are in violation of that section, by establishing permissible types of reference price advertising. The rule