15 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,111 times 364 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' "
Jones v. Bock
549 U.S. 199 (2007) Cited 12,654 times 7 Legal Analyses
Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court
Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,530 times 5 Legal Analyses
Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
United States v. Kubrick
444 U.S. 111 (1979) Cited 2,584 times
Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,039 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Amgen Inc. v. Harris
577 U.S. 308 (2016) Cited 78 times 19 Legal Analyses
Holding that complaint must plausibly allege "that a prudent fiduciary in the [defendant's] position 'could not have concluded' that the alternative action 'would do more harm than good' "
Payan v. Aramark
495 F.3d 1119 (9th Cir. 2007) Cited 254 times 1 Legal Analyses
Holding that the filing deadlines established by 42 U.S.C. § 2000e-5(f) function as a statute of limitations, and "because the statute of limitations is an affirmative defense, the defendant bears the burden of proving that the plaintiff filed beyond the limitations period"
Scholar v. Pacific Bell
963 F.2d 264 (9th Cir. 1992) Cited 318 times
Holding that equitable tolling is applicable only in "extreme cases"
Romain v. Shear
799 F.2d 1416 (9th Cir. 1986) Cited 135 times
Holding that a change in the law during the pendency of an appeal permits entertainment of an issue not previously raised
Harris v. Amgen, Inc.
788 F.3d 916 (9th Cir. 2014) Cited 28 times 7 Legal Analyses
In Harris, the plaintiffs alleged that Amgen, a pharmaceutical company, concealed unfavorable information about a drug, and that when the unfavorable information came to light, Amgen's share price declined significantly.
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 344,113 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 10,636 times 11 Legal Analyses
Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
Section 2000e-16 - Employment by Federal Government
42 U.S.C. § 2000e-16 Cited 4,922 times 20 Legal Analyses
Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"
Section 101 - Executive departments
5 U.S.C. § 101 Cited 134 times 7 Legal Analyses
Listing the Department of Commerce as an Executive department
Section 105 - Executive agency
5 U.S.C. § 105 Cited 118 times 6 Legal Analyses
Noting an "Executive agency" includes "an Executive department, a Government corporation, and an independent establishment"

Edward Galloway, Jr. v. Jeh Charles Johnson et al

15 Cited authorities

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' "

Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court

Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

Holding that claim under Federal Tort Claims Act accrued when plaintiff possessed "critical facts that he has been hurt and who has inflicted the injury," and rejecting argument that "plaintiff's ignorance of his legal rights" deferred accrual

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that complaint must plausibly allege "that a prudent fiduciary in the [defendant's] position 'could not have concluded' that the alternative action 'would do more harm than good' "

Holding that the filing deadlines established by 42 U.S.C. § 2000e-5(f) function as a statute of limitations, and "because the statute of limitations is an affirmative defense, the defendant bears the burden of proving that the plaintiff filed beyond the limitations period"

Holding that equitable tolling is applicable only in "extreme cases"

Holding that a change in the law during the pendency of an appeal permits entertainment of an issue not previously raised

In Harris, the plaintiffs alleged that Amgen, a pharmaceutical company, concealed unfavorable information about a drug, and that when the unfavorable information came to light, Amgen's share price declined significantly.

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

Adopting provisions of § 2000e-5(f)-(k), including that "[e]ach United States district court . . . shall have jurisdiction of actions brought under this subchapter"

Listing the Department of Commerce as an Executive department

Noting an "Executive agency" includes "an Executive department, a Government corporation, and an independent establishment"