26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,756 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  4. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 220,228 times   41 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  5. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 115,152 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  6. T.W. Elec. Service v. Pacific Elec. Contr

    809 F.2d 626 (9th Cir. 1987)   Cited 10,081 times
    Holding that "[i]nferences must ... be drawn in the light most favorable to the nonmoving party" so long as "it is ‘rational’ or ‘reasonable’ and otherwise permissible under the governing substantive law"
  7. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,344 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
  8. Carvalho v. Equifax Information Services, LLC

    629 F.3d 876 (9th Cir. 2010)   Cited 1,181 times   4 Legal Analyses
    Holding “plaintiff who makes a claim in his complaint, but fails to raise the issue in response to a defendant's motion to dismiss, has effectively abandoned his claim”
  9. Mullis v. U.S. Bankruptcy Ct., Dist of Nevada

    828 F.2d 1385 (9th Cir. 1987)   Cited 1,955 times   1 Legal Analyses
    Holding that a receiver derives his immunity from the judge who appointed him, and loses it only if he acts in the clear absence of all jurisdiction
  10. U.S. ex Rel. Robinson Rancheria v. Borneo

    971 F.2d 244 (9th Cir. 1992)   Cited 1,585 times
    Holding district court abused its discretion in imposing sanctions because district court incorrectly deemed plaintiff's claims frivolous
  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 358,269 times   949 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,493 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,463 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."
  14. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems
  15. Section 1329 - Modification of plan after confirmation

    11 U.S.C. § 1329   Cited 1,264 times   4 Legal Analyses
    Stating as a requirement for plan modification that the plan period may be extended but that "the court may not approve a period that expires after five years after" "the first payment under the original confirmed plan was due"
  16. Section 1302 - Trustee

    11 U.S.C. § 1302   Cited 431 times   2 Legal Analyses
    Including any timeliness objection, §§ 502(b), 558
  17. Rule 5009 - Closing Chapter 7, Chapter 12, Chapter 13, and Chapter 15 Cases; Order Declaring Lien Satisfied

    Fed. R. Bankr. P. 5009   Cited 130 times   2 Legal Analyses
    Contemplating distribution after full administration of the case
  18. Section 1320.4 - Coverage

    5 C.F.R. § 1320.4   Cited 3 times

    (a) The requirements of this part apply to all agencies as defined in § 1320.3(a) and to all collections of information conducted or sponsored by those agencies, as defined in § 1320.3(c) and (d) , wherever conducted or sponsored, but, except as provided in paragraph (b) of this section, shall not apply to collections of information: (1) During the conduct of a Federal criminal investigation or prosecution, or during the disposition of a particular criminal matter; (2) During the conduct of a civil