45 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
The Bremen v. Zapata Off-Shore Co.
407 U.S. 1 (1972) Cited 4,581 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"
Carnival Cruise Lines, Inc. v. Shute
499 U.S. 585 (1991) Cited 1,967 times 8 Legal Analyses
Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"
Murphy v. Schneider Nat'l, Inc.
349 F.3d 1224 (9th Cir. 2003) Cited 673 times 1 Legal Analyses
Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party
Hearns v. San Bernardino
530 F.3d 1124 (9th Cir. 2008) Cited 509 times 1 Legal Analyses
Holding that the district court abused its discretion in dismissing with prejudice, and therefore declining to reach the merits of the district court's denial of plaintiff's Rule 60(b) motion for relief
McBride v. Boughton
123 Cal.App.4th 379 (Cal. Ct. App. 2004) Cited 486 times
Holding that common count will "stand or fall" with cause of action seeking the same recovery
Manetti-Farrow, Inc. v. Gucci Am., Inc.
858 F.2d 509 (9th Cir. 1988) Cited 738 times 1 Legal Analyses
Holding tort claims were covered by a forum-selection clause because resolution of the tort claims required interpretation of the parties' contract
Doe 1 v. AOL LLC
552 F.3d 1077 (9th Cir. 2009) Cited 343 times 4 Legal Analyses
Holding a forum-selection clause unenforceable when a state court held that enforcement would deprive California consumers of any remedy in Virginia courts
Fair v. Roommates
521 F.3d 1157 (9th Cir. 2008) Cited 329 times 27 Legal Analyses
Holding defendant liable for developing content by “not merely ... augmenting the content generally, but ... materially contributing to its alleged unlawfulness” when it required subscribers to provide information which enabled users of site to unlawfully discriminate in selecting a roommate
Argueta v. Banco Mexicano, S.A
87 F.3d 320 (9th Cir. 1996) Cited 456 times 2 Legal Analyses
Holding that a motion to dismiss based on a forum-selection clause should be treated "as a Rule 12(b) motion to dismiss for improper venue."
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,851 times 189 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
Rule 28 - Persons Before Whom Depositions May Be Taken
Fed. R. Civ. P. 28 Cited 18,566 times 7 Legal Analyses
Requiring appellant's argument to contain citations to authorities
Section 1406 - Cure or waiver of defects
28 U.S.C. § 1406 Cited 14,507 times 55 Legal Analyses
Recognizing that transfer is proper to any district or division in which the action could have been brought
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 5,012 times 149 Legal Analyses
Granting district courts significant discretion to award damages for a violation of § 1125
Section 1116 - Injunctive relief
15 U.S.C. § 1116 Cited 2,800 times 29 Legal Analyses
Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner
Section 230 - Protection for private blocking and screening of offensive material
47 U.S.C. § 230 Cited 1,055 times 168 Legal Analyses
Preempting state law

CYBERsitter LLC v. Google Inc et al

45 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"

Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party

Holding that the district court abused its discretion in dismissing with prejudice, and therefore declining to reach the merits of the district court's denial of plaintiff's Rule 60(b) motion for relief

Holding that common count will "stand or fall" with cause of action seeking the same recovery

Holding tort claims were covered by a forum-selection clause because resolution of the tort claims required interpretation of the parties' contract

Holding a forum-selection clause unenforceable when a state court held that enforcement would deprive California consumers of any remedy in Virginia courts

Holding defendant liable for developing content by “not merely ... augmenting the content generally, but ... materially contributing to its alleged unlawfulness” when it required subscribers to provide information which enabled users of site to unlawfully discriminate in selecting a roommate

Holding that a motion to dismiss based on a forum-selection clause should be treated "as a Rule 12(b) motion to dismiss for improper venue."

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

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

Requiring appellant's argument to contain citations to authorities

Recognizing that transfer is proper to any district or division in which the action could have been brought

Granting district courts significant discretion to award damages for a violation of § 1125

Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner

Preempting state law