§Why CasetextPricing

FindTheBest.com, Inc. v. Lumen View Technology LLC et al

MEMORANDUM OF LAW in Support re: 53 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Federal Rule of Civil Procedure 12

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 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' "

  3. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 11,288 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so

  4. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 6,621 times
    Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

  5. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,112 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

  6. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,287 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  7. Glob. Network Commc'ns v. City of N.Y

    458 F.3d 150 (2d Cir. 2006)   Cited 1,308 times
    Holding that courts may consider extrinsic documents when deciding a motion to dismiss where “the incorporated material is a contract or other legal document containing obligations upon which the plaintiff's complaint stands or falls, but which for some reason-usually because the document, read in its entirety would undermine the legitimacy of the plaintiff's claim-was not attached to the complaint”

  8. Thorner v. Sony Computer Entertainment America LLC

    669 F.3d 1362 (Fed. Cir. 2012)   Cited 1,043 times   10 Legal Analyses
    Holding that “flexible” should be given its plain and ordinary meaning and reversing the construction of “capable of being noticeably flexed with ease”

  9. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,990 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  10. R+L Carriers, Inc. v. Drivertech LLC (In re Bill of Lading Transmission & Processing Sys. Patent Litig.)

    681 F.3d 1323 (Fed. Cir. 2012)   Cited 658 times   12 Legal Analyses
    Holding that pleading "the process for" using the accused product in an infringing way "has no other substantial non-infringing use" is not the same as pleading the accused product contains a component that can only infringe, and therefore fails to state a claim for contributory infringement

  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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,284 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,925 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,957 times   60 Legal Analyses
    Specifying prohibited activities

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,991 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,446 times   104 Legal Analyses
    Relating to mail fraud

  17. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,053 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  18. Section 1951 - Interference with commerce by threats or violence

    18 U.S.C. § 1951   Cited 11,673 times   51 Legal Analyses
    Defining extortion in ACCA as “the obtaining of something of value from another, with his consent, induced by the wrongful use or threatened use of force against the person or property of another ”

  19. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,420 times   2200 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  20. Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises

    18 U.S.C. § 1952   Cited 3,271 times   42 Legal Analyses
    Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law