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Estrada v. Capella University Incorporated et al

MOTION to Dismiss for Failure to State a Claim Capella University's Motion to Dismiss

37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,376 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 277,581 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. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,331 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

  4. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,596 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  5. Regents of University of Michigan v. Ewing

    474 U.S. 214 (1985)   Cited 1,100 times   4 Legal Analyses
    Holding that the decision to dismiss a medical resident based on, inter alia, lack of judgment and an inability to set priorities, was academic

  6. Board of Curators, Univ. of Mo. v. Horowitz

    435 U.S. 78 (1978)   Cited 978 times
    Holding student's dismissal was academic in nature when school determined she lacked "necessary clinical ability to perform adequately as a medical doctor and was making insufficient progress toward that goal"

  7. Somers ex rel. Herself v. Apple, Inc.

    729 F.3d 953 (9th Cir. 2013)   Cited 637 times   2 Legal Analyses
    Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"

  8. Kohler v. Inter-Tel Technologies

    244 F.3d 1167 (9th Cir. 2001)   Cited 177 times
    Holding that issues raised in a brief's statement of issues that are unsupported by argument are deemed abandoned

  9. Ross v. Creighton University

    957 F.2d 410 (7th Cir. 1992)   Cited 207 times
    Holding that Illinois Supreme Court would refuse to recognize the tort of educational malpractice

  10. Comerica Bank V. Mahmoodi

    224 Ariz. 289 (Ariz. Ct. App. 2010)   Cited 109 times
    Outlining the elements of fraud under Arizona law

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,954 times   334 Legal Analyses
    Requiring that fraud be pleaded with particularity

  12. Section 12-341.01 - Recovery of attorney fees

    Ariz. Rev. Stat. § 12-341.01   Cited 2,664 times   16 Legal Analyses
    Permitting an award of reasonable attorney's fees to the successful party in a contested action arising out of express or implied contract