24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,563 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules
  3. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.

    7 Cal.4th 503 (Cal. 1994)   Cited 1,182 times   5 Legal Analyses
    Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
  4. McGanty v. Staudenraus

    321 Or. 532 (Or. 1995)   Cited 500 times
    Holding that employee acting within scope of employment is not third party to contract between employer and another for purpose of tort of intentional interference with economic relations and utilizing similar "scope of employment" test
  5. Milwaukee County v. White Co.

    296 U.S. 268 (1935)   Cited 285 times   1 Legal Analyses
    Holding that Constitution's Full Faith and Credit Clause requires American states to recognize their respective tax judgments
  6. House v. Hicks

    218 Or. App. 348 (Or. Ct. App. 2008)   Cited 92 times
    Finding no claim for IIED where university banned plaintiff from campus after making frequent unwanted contacts to a university employee
  7. Granewich v. Harding

    329 Or. 47 (Or. 1999)   Cited 110 times
    Holding that section 876(b) of the Restatement (Second) of Torts defines a cognizable claim under Oregon law
  8. Keams v. Tempe Technical Institute, Inc.

    39 F.3d 222 (9th Cir. 1994)   Cited 68 times
    Holding that field preemption did not apply under HEA to preempt state tort claim by students against accrediting agency: "It is apparent ... that Congress expected state law to operate in much of the field in which it was legislating."
  9. Castro v. Budget Rent-A-Car System, Inc.

    154 Cal.App.4th 1162 (Cal. Ct. App. 2007)   Cited 32 times
    Holding Alabama's interests predominant over California's where auto accident occurred in Alabama, even though California resident victim could be financial burden on California
  10. Zehr v. Haugen

    318 Or. 647 (Or. 1994)   Cited 49 times
    Concluding that plaintiff stated claim for breach of contract by alleging that physician agreed to perform tubal ligation but failed to do so, and stating that, "where the parties have agreed upon the performance expected by the plaintiff and promised by the defendant in terms that commit the defendant to that performance without reference to, and irrespective of, any general standard of care, the defendant may be liable on the contract whether or not he or she was negligent"
  11. Section 636 - Jurisdiction, powers, and temporary assignment

    28 U.S.C. § 636   Cited 513,122 times   40 Legal Analyses
    Holding that when a party fails to object to a magistrate judge's report and recommendation, our review of the district court's resulting decision is for plain error so long as the party "has been served with notice that [this consequence] will result from a failure to object"
  12. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 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
  14. 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 2,843 times   10 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  15. Section 30.265 - Scope of liability of public body, officers, employees and agents; liability in nuclear incident

    ORS § 30.265   Cited 535 times
    Requiring the substitution of the State of Oregon as defendant for torts allegedly committed by a state employee acting within the scope of employment
  16. Section 30.260 - Definitions for ORS 30.260 to 30.300

    ORS § 30.260   Cited 430 times
    Defining "tort"
  17. Section 415.10 - Personal delivery

    Cal. Code Civ. Proc. § 415.10   Cited 369 times   1 Legal Analyses
    Authorizing service of summons by personal delivery to person to be served
  18. Section 818 - Damages imposed for sake of example or by way of punishment

    Cal. Gov. Code § 818   Cited 247 times   1 Legal Analyses
    Prohibiting exemplary or punitive damages imposed on a public entity
  19. Section 1646 - Law and usage of place where performed

    Cal. Civ. Code § 1646   Cited 201 times   1 Legal Analyses

    A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made. Ca. Civ. Code § 1646 Enacted 1872.

  20. Section 174.117 - "Special government body" defined

    ORS § 174.117   Cited 9 times

    (1) Subject to ORS 174.108, as used in the statutes of this state "special government body" means any of the following: (a) A public corporation created under a statute of this state and specifically designated as a public corporation. (b) A school district. (c) A public charter school established under ORS chapter 338. (d) An education service district. (e) A community college district or community college service district established under ORS chapter 341. (f) An intergovernmental body formed by