19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 176,430 times   246 Legal Analyses
    Holding that a complaint's allegations must "allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged"
  2. Bell Atl. Corp. v Twombly

    550 U.S. 544 (2007)   Cited 193,627 times   329 Legal Analyses
    Holding that a complaint must contain sufficient facts to "state a claim to relief that is plausible on its face"
  3. Funk v. Stryker Corp.

    631 F.3d 777 (5th Cir. 2011)   Cited 544 times   1 Legal Analyses
    Holding court lacked jurisdiction to consider district court's denial of plaintiff's postjudgment motions because he did not file an amended, or separate, notice of appeal
  4. Chavez v. United States

    683 F.3d 1102 (9th Cir. 2012)   Cited 456 times   1 Legal Analyses
    Holding that a Bivens action could be sustained against Border Patrol agents
  5. Sateriale v. R.J. Reynolds Tobacco Co.

    697 F.3d 777 (9th Cir. 2012)   Cited 140 times   1 Legal Analyses
    Holding that because the plaintiffs' UCL and CLRA claims sounded in fraud, they had to prove reliance
  6. Eidson v. Medtronic, Inc.

    981 F. Supp. 2d 868 (N.D. Cal. 2013)   Cited 39 times   1 Legal Analyses
    Holding that claim for loss of consortium is subject to the two-year statute of limitations in Cal. Civ. Proc. Code § 335.1
  7. United States ex rel. Modglin v. Djo Global Inc.

    48 F. Supp. 3d 1362 (C.D. Cal. 2014)   Cited 37 times   1 Legal Analyses
    In United States ex rel. Modglin v. DJO Global Inc., 48 F. Supp. 3d 1362 (C.D. Cal. 2014), for example, the court found that the relator adequately pleaded that the defendant submitted claims to Medicare and Medicaid when the defendant's regional sales director explicitly told him that such claims were submitted.
  8. Erickson v. Bos. Scientific Corp.

    846 F. Supp. 2d 1085 (C.D. Cal. 2011)   Cited 35 times
    Granting request for judicial notice of FDA's Premarket Approval documents for defendants' pacemaker product
  9. Gustavson v. Wrigley Sales Co.

    961 F. Supp. 2d 1100 (N.D. Cal. 2013)   Cited 30 times
    Holding the phrase "flavanols [are] found in cocoa" as characterizing the level of flavanols
  10. Funk v. Stryker Corp.

    673 F. Supp. 2d 522 (S.D. Tex. 2009)   Cited 27 times
    Holding that a medical device “could have failed for a variety of reasons and therefore its failure did not ‘speak for itself’ and establish the defendants' negligence”
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 112,219 times   177 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 19,332 times   23 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."
  13. Section 355 - New drugs

    21 U.S.C. § 355   Cited 1,924 times   225 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
  14. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,019 times   90 Legal Analyses
    Defining “new drug”