52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Sony Corp. v. Universal City Studios, Inc.

    464 U.S. 417 (1984)   Cited 986 times   28 Legal Analyses
    Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”
  3. Equal Employment Opportunity Commission v. Arabian American Oil Co.

    499 U.S. 244 (1991)   Cited 629 times   11 Legal Analyses
    Holding that the presumption against extraterritorial application of federal statutes prevented an employee fired from work being done in Saudi Arabia from sustaining an anti-discrimination action brought under Title VII
  4. Carcieri v. Salazar

    555 U.S. 379 (2009)   Cited 294 times   7 Legal Analyses
    Holding that a list following "shall include" was exhaustive where Congress "defined the term by including only three discrete definitions"
  5. America's Best Inns v. Best Inns of Abilene

    980 F.2d 1072 (7th Cir. 1992)   Cited 578 times
    Holding that "to the best of my knowledge and belief" is not sufficient to establish citizenship in pleadings
  6. MAI Systems Corp. v. Peak Computer, Inc.

    991 F.2d 511 (9th Cir. 1993)   Cited 542 times   5 Legal Analyses
    Holding that unlicensed "copying" occurred when copyrighted software was transferred from a storage device to a computer in the United States
  7. Paul v. Marberry

    658 F.3d 702 (7th Cir. 2011)   Cited 305 times
    Holding that dismissal with prejudice is appropriate where a plaintiff repeatedly fails to meet Rule 8's requirement
  8. Computer Associates Intern., Inc. v. Altai

    982 F.2d 693 (2d Cir. 1992)   Cited 513 times   3 Legal Analyses
    Holding that an action "will not be saved from preemption by elements such as awareness or intent"
  9. Miller v. Herman

    600 F.3d 726 (7th Cir. 2010)   Cited 232 times
    Holding that there was "no problem construing the motion [to dismiss] as one for summary judgment" where the plaintiff "responded to the motions" framed in the alternative "collectively and universally"
  10. Carolina Cas. Ins. Co. v. Team Equip., Inc.

    741 F.3d 1082 (9th Cir. 2014)   Cited 182 times   1 Legal Analyses
    Holding that plaintiffs should be permitted to cure technical defects, such as "alleging diversity jurisdiction based on residency rather than citizenship . . . ."
  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 361,353 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 163,831 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. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,377 times   150 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  14. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,915 times   109 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”
  15. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,716 times   59 Legal Analyses
    Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"
  16. Section 410 - Registration of claim and issuance of certificate

    17 U.S.C. § 410   Cited 1,543 times   12 Legal Analyses
    Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid