22 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 29,826 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Starr v. Baca
652 F.3d 1202 (9th Cir. 2011) Cited 5,625 times 2 Legal Analyses
Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
Eminence Capital, LLC v. Aspeon, Inc.
316 F.3d 1048 (9th Cir. 2003) Cited 5,154 times 1 Legal Analyses
Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"
DCD Programs, Ltd. v. Leighton
833 F.2d 183 (9th Cir. 1987) Cited 2,991 times
Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint
Leon v. IDX Systems Corp.
464 F.3d 951 (9th Cir. 2006) Cited 829 times 5 Legal Analyses
Holding that plaintiffs Sarbanes-Oxley claim and Title VII retaliation claims involved the same nucleus of operative facts, including the time, cause, and circumstances of plaintiffs termination
Register.com, Inc. v. Verio, Inc.
356 F.3d 393 (2d Cir. 2004) Cited 555 times 8 Legal Analyses
Holding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers
Intel Corp. v. Hamidi
30 Cal.4th 1342 (Cal. 2003) Cited 458 times 5 Legal Analyses
Holding that "trespass to chattels is not actionable if it does not involve actual or threatened injury" to property and the defendant's actions did not damage or interfere with the operation of the computer systems at issue
Howey v. United States
481 F.2d 1187 (9th Cir. 1973) Cited 626 times
Holding that a district court's conclusory denial of leave to amend was an abuse of discretion
Stearns v. Select Comfort Retail Corp.
763 F. Supp. 2d 1128 (N.D. Cal. 2010) Cited 180 times 2 Legal Analyses
Finding a class not ascertainable where the definition includes persons who have received refunds, replacements, or who have not suffered any damages at all
Harris v. Rand
682 F.3d 846 (9th Cir. 2012) Cited 161 times
Noting that a district court may require a party to establish certain jurisdictional facts, like the location of a business's “nerve center,” by a preponderance of the evidence
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Craigslist, Inc v. 3Taps, Inc et al

22 Cited authorities

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint

Holding that plaintiffs Sarbanes-Oxley claim and Title VII retaliation claims involved the same nucleus of operative facts, including the time, cause, and circumstances of plaintiffs termination

Holding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers

Holding that "trespass to chattels is not actionable if it does not involve actual or threatened injury" to property and the defendant's actions did not damage or interfere with the operation of the computer systems at issue

Holding that a district court's conclusory denial of leave to amend was an abuse of discretion

Finding a class not ascertainable where the definition includes persons who have received refunds, replacements, or who have not suffered any damages at all

Noting that a district court may require a party to establish certain jurisdictional facts, like the location of a business's “nerve center,” by a preponderance of the evidence

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