24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,421 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 282,303 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,341 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
  4. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,966 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"
  5. Pareto v. Federal Deposit Insurance Corp.

    139 F.3d 696 (9th Cir. 1998)   Cited 1,237 times   1 Legal Analyses
    Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)
  6. Mir v. Little Co. of Mary Hospital

    844 F.2d 646 (9th Cir. 1988)   Cited 795 times
    Holding that a court may "'take judicial notice of matters of public record outside the pleadings' and consider them for purposes of the motion to dismiss."
  7. In re Verifone Secs. Litig.

    11 F.3d 865 (9th Cir. 1993)   Cited 303 times
    Holding that the "known trends or uncertainties" language of Item 303 did not include forecasts
  8. Kourtis v. Cameron

    419 F.3d 989 (9th Cir. 2005)   Cited 164 times
    Holding that a copyright owner and the author were not in privity because the prior contractual relationship did "not satisfy the adequacy-of-representation requirement"
  9. Alperin v. Vatican Bank

    410 F.3d 532 (9th Cir. 2005)   Cited 92 times
    Holding that claim that defendants committed war crimes by assisting Ustasha Regime in preserving its Treasury was non-justiciable because it would require a court to review the foreign policy judgment of a coordinate political branch
  10. Morrow v. Bank of Am., N.A.

    375 Mont. 38 (Mont. 2014)   Cited 64 times
    Finding genuine issues of material fact existed to support detrimental reliance and claims of actual and constructive fraud where evidence suggested the lender represented to, and advised, the borrower to intentionally miss a monthly payment to invoke the loan modification process, that it had actually approved the borrower for a modification, to make reduced monthly payments, to ignore default notices from the lender, and to ignore the borrower's obligation to cure the default, thereby causing the borrower's default, causing the amount the borrower owed to cure the default to grow, and causing foreclosure to occur
  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 364,364 times   963 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 165,340 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. Section 28-1-211 - Implied covenant of good faith and fair dealing

    Mont. Code § 28-1-211   Cited 35 times
    Codifying common-law principle
  14. Section 30-14-101 - Short title

    Mont. Code § 30-14-101   Cited 28 times

    This part shall be cited as the "Montana Unfair Trade Practices and Consumer Protection Act of 1973". § 30-14-101, MCA En. Sec. 19, Ch. 275, L. 1973; R.C.M. 1947, 85-418.