§Why CasetextPricing

Donna Jager et al v. Davol, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case

48 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,848 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. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 17,469 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,357 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  5. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,948 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  6. Whittlestone, Inc. v. Handi-Craft Co.

    618 F.3d 970 (9th Cir. 2010)   Cited 1,386 times   3 Legal Analyses
    Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief

  7. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,728 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

  8. Chudasama v. Mazda Motor Corp.

    123 F.3d 1353 (11th Cir. 1997)   Cited 1,266 times
    Holding that a motion to dismiss challenging the legal sufficiency of a claim should be resolved before discovery begins

  9. Soule v. General Motors Corp.

    8 Cal.4th 548 (Cal. 1994)   Cited 1,280 times   7 Legal Analyses
    Holding that the consumer expectations test was not appropriate for a claim that a car was defective because the wheel assembly detached in accident

  10. Semegen v. Weidner

    780 F.2d 727 (9th Cir. 1985)   Cited 1,013 times   1 Legal Analyses
    Holding that allegations must be "specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong"

  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 361,487 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 163,896 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 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,869 times   11 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"