§Why CasetextPricing

Done! Ventures LLC v. General Electric Company et al

MEMORANDUM in Opposition to MOTION to Dismiss Case And, Alternatively MOTION to Transfer Case to Southern District of New York 17

33 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,213 times   366 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' "

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,828 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,565 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,602 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. Jenkins v. McKeithen

    395 U.S. 411 (1969)   Cited 7,607 times
    Holding that in 12(b) motions, material allegations are taken as true and liberally construed in favor of non-moving party

  6. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,608 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

  7. Jones v. GNC Franchising, Inc.

    211 F.3d 495 (9th Cir. 2000)   Cited 1,599 times   4 Legal Analyses
    Holding the same in context of forum-selection-clause prohibition in California's franchise statute

  8. Ileto v. Glock Inc.

    349 F.3d 1191 (9th Cir. 2003)   Cited 1,304 times   1 Legal Analyses
    Holding gun manufacturers liable because they were "in the best position to protect against the risk of harm" caused by the purchase of illegal guns from all of the different sellers to whom they distributed

  9. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 961 times
    Setting forth elements of a FHA claim

  10. Decker Coal Co. v. Commonwealth Edison Co.

    805 F.2d 834 (9th Cir. 1986)   Cited 1,352 times
    Holding that moving party must make strong showing of inconvenience to warrant upsetting Plaintiff's choice of forum

  11. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,491 times   185 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

  12. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,114 times   48 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  13. Section 395 - Action for injury to person or personal property or death from wrongful act or negligence; offer or provision of goods, services, loans or extension of credit for family or household use

    Cal. Code Civ. Proc. § 395   Cited 470 times
    Assuming that that section applies to corporations

  14. Section 1646 - Law and usage of place where performed

    Cal. Civ. Code § 1646   Cited 200 times   1 Legal Analyses

    A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made. Ca. Civ. Code § 1646 Enacted 1872.