146 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
World-Wide Volkswagen Corp. v. Woodson
444 U.S. 286 (1980) Cited 10,829 times 32 Legal Analyses
Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma
U.S. v. Reyna-Tapia
328 F.3d 1114 (9th Cir. 2003) Cited 15,114 times
Holding a magistrate judge may conduct plea colloquies pursuant to Federal Rule of Criminal Procedure 11 if defendant consents
Calder v. Jones
465 U.S. 783 (1984) Cited 4,615 times 23 Legal Analyses
Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,458 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Piper Aircraft Co. v. Reyno
454 U.S. 235 (1981) Cited 4,738 times 11 Legal Analyses
Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"
Starr v. Baca
652 F.3d 1202 (9th Cir. 2011) Cited 5,244 times 2 Legal Analyses
Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
United States v. Bestfoods
524 U.S. 51 (1998) Cited 1,416 times 22 Legal Analyses
Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
United States v. Nordic Village, Inc.
503 U.S. 30 (1992) Cited 1,780 times 3 Legal Analyses
Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"
TRW Inc. v. Andrews
534 U.S. 19 (2001) Cited 1,185 times 9 Legal Analyses
Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”
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 345,805 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 68,933 times 122 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,274 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 2510 - Definitions
18 U.S.C. § 2510 Cited 4,250 times 77 Legal Analyses
Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
Section 1030 - Fraud and related activity in connection with computers
18 U.S.C. § 1030 Cited 3,226 times 408 Legal Analyses
Holding cellular phones are protected
Section 18 - Organization defined
18 U.S.C. § 18 Cited 3,158 times 7 Legal Analyses
Stating that the term "organization" means "a person other than an individual"
Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited
18 U.S.C. § 2511 Cited 2,781 times 42 Legal Analyses
Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”
Section 2520 - Recovery of civil damages authorized
18 U.S.C. § 2520 Cited 1,345 times 2 Legal Analyses
Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred
Section 2701 - Unlawful access to stored communications
18 U.S.C. § 2701 Cited 1,323 times 135 Legal Analyses
Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
Section 410.10 - Generally
Cal. Code Civ. Proc. § 410.10 Cited 1,321 times 1 Legal Analyses
Allowing for jurisdiction over non-residents coextensive with due process requirements

Eunice Huthart v. News Corporation et al

146 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

Holding a magistrate judge may conduct plea colloquies pursuant to Federal Rule of Criminal Procedure 11 if defendant consents

Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"

Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”

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

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

Holding cellular phones are protected

Stating that the term "organization" means "a person other than an individual"

Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred

Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"

Allowing for jurisdiction over non-residents coextensive with due process requirements