70 Cited authorities

  1. AT&T Mobility LLC v. Concepcion

    563 U.S. 333 (2011)   Cited 3,753 times   601 Legal Analyses
    Holding that a ban on collective-action waivers in those contracts worked to "disfavor arbitration"
  2. 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
  3. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 4,886 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"
  4. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,862 times   1 Legal Analyses
    Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim
  5. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,203 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
  6. Cook, Perkiss Liehe v. N.C. Collection Serv

    911 F.2d 242 (9th Cir. 1990)   Cited 2,217 times   2 Legal Analyses
    Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"
  7. Iskanian v. CSL Transportation Los Angeles, LLC

    59 Cal.4th 348 (Cal. 2014)   Cited 697 times   145 Legal Analyses
    Holding that arbitration provisions banning class-action litigation or collective arbitration of employment-related claims are enforceable under the NLRA and the FAA's saving clause, but also holding that arbitration provisions banning representative claims under California's Private Attorneys General Act violates that Act
  8. Reddy v. Litton Industries, Inc.

    912 F.2d 291 (9th Cir. 1990)   Cited 1,056 times
    Holding that employee fired for refusing to participate in cover-up of illegal scheme lacked standing to assert civil RICO claim against employer
  9. Kwai Fun Wong v. United States

    373 F.3d 952 (9th Cir. 2004)   Cited 308 times   1 Legal Analyses
    Holding that entry fiction does not preclude claims under the equal-protection component of the Due Process Clause
  10. Klein v. Chevron U.S.A., Inc.

    202 Cal.App.4th 1342 (Cal. Ct. App. 2012)   Cited 228 times
    Holding that consumers could not maintain unjust enrichment claim based on retail purchases of gasoline, which they alleged were enforceable contractual relationships, where their unjust enrichment claim did not deny the existence or enforceability of the agreements
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,162 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,918 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  13. 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 2,789 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  14. Section 1856 - Contradiction of terms of agreement by evidence of prior agreement or contemporaneous oral agreement; evidence explaining or supplementing terms

    Cal. Code Civ. Proc. § 1856   Cited 968 times   6 Legal Analyses
    Codifying the use of "course of performance" evidence as extrinsic evidence
  15. Section 1710 - Deceit defined

    Cal. Civ. Code § 1710   Cited 891 times   2 Legal Analyses
    Defining "deceit"
  16. Section 1670.5 - Contract or clause unconscionable

    Cal. Civ. Code § 1670.5   Cited 759 times   3 Legal Analyses
    Adopting UCC section 2-302 and making it generally applicable to all contracts
  17. Section 1709 - Willfully deceiving another

    Cal. Civ. Code § 1709   Cited 728 times   2 Legal Analyses
    Requiring willful deception
  18. Section 1671 - Validity of liquidated damages provision

    Cal. Civ. Code § 1671   Cited 497 times   17 Legal Analyses
    Invalidating unreasonable liquidated damages
  19. Section 1442 - Strict interpretation of condition involving forfeiture

    Cal. Civ. Code § 1442   Cited 133 times   1 Legal Analyses

    A condition involving a forfeiture must be strictly interpreted against the party for whose benefit it is created. Ca. Civ. Code § 1442 Enacted 1872.