52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,309 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 628 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 293 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 572 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 538 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 300 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 512 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 231 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. Gates Rubber Co. v. Bando Chemical Industries, Ltd.

    9 F.3d 823 (10th Cir. 1993)   Cited 320 times   2 Legal Analyses
    Holding trade secret misappropriation not preempted in case in which some of the defendants—former employees—had been in a confidential relationship, but at least one defendant—the corporation for which the other defendants now worked—had not
  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 358,736 times   954 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 162,549 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 37,115 times   149 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 3,877 times   108 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 3,699 times   58 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 1,538 times   12 Legal Analyses
    Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid