42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 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 266,542 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' "
Lopez v. Smith
203 F.3d 1122 (9th Cir. 2000) Cited 23,817 times 1 Legal Analyses
Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint
Abbott Laboratories v. Gardner
387 U.S. 136 (1967) Cited 5,286 times 9 Legal Analyses
Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"
Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd.
545 U.S. 913 (2005) Cited 786 times 31 Legal Analyses
Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”
Ford Motor Co. v. Summit Motor Products, Inc.
930 F.2d 277 (3d Cir. 1991) Cited 625 times
Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial
Keegan v. American Honda Motor Co., Inc.
838 F. Supp. 2d 929 (C.D. Cal. 2012) Cited 141 times 1 Legal Analyses
Holding that Song-Beverley does not impose a privity requirement
Ass'n for L.A. Deputy Sheriff's v. County of L.A
648 F.3d 986 (9th Cir. 2011) Cited 126 times
Finding § 1983 Monell claim was adequate because it specifically explained that the policy in question denied "post-suspension hearings to employees resigned after suspension"
Shaw v. Lindheim
908 F.2d 531 (9th Cir. 1990) Cited 225 times 2 Legal Analyses
Holding that in copyright action involving literary works, satisfaction of extrinsic test is sufficient to survive summary judgment on issue of substantial similarity
Columbia Pictures Indus., Inc. v. Fung
710 F.3d 1020 (9th Cir. 2013) Cited 105 times 4 Legal Analyses
Holding that "aspects of the inducing behavior that give rise to liability are relevant to the operation of some of the DMCA safe harbors and can, in some circumstances, preclude their application"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,505 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,274 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,332 times 174 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,745 times 107 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 502 - Remedies for infringement: Injunctions
17 U.S.C. § 502 Cited 1,447 times 3 Legal Analyses
Authorizing a court to enter a temporary injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"
Section 103 - Subject matter of copyright: Compilations and derivative works
17 U.S.C. § 103 Cited 562 times 8 Legal Analyses
Extending copyright protection to "compilations"

Danjaq LLC et al v. Universal City Studios LLC et al

42 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 a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

Holding that “one who distributes a device with the object of promoting its use to infringe copyright ... is liable”

Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial

Holding that Song-Beverley does not impose a privity requirement

Finding § 1983 Monell claim was adequate because it specifically explained that the policy in question denied "post-suspension hearings to employees resigned after suspension"

Holding that in copyright action involving literary works, satisfaction of extrinsic test is sufficient to survive summary judgment on issue of substantial similarity

Holding that "aspects of the inducing behavior that give rise to liability are relevant to the operation of some of the DMCA safe harbors and can, in some circumstances, preclude their application"

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Authorizing a court to enter a temporary injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"

Extending copyright protection to "compilations"