16 Cited authorities

  1. Pebble Beach Co. v. Caddy

    453 F.3d 1151 (9th Cir. 2006)   Cited 1,022 times   1 Legal Analyses
    Holding that a district court "need not permit even limited discovery" where a "plaintiff's claim of personal jurisdiction appears to be both attenuated and based on bare allegations in the face of specific denials made by the defendants"
  2. Ballard v. Savage

    65 F.3d 1495 (9th Cir. 1995)   Cited 863 times
    Holding that a plaintiff need only make a "prima facie showing of jurisdictional facts" to survive a motion to dismiss for lack of personal jurisdiction
  3. Rauch v. Day Night Mfg. Corp.

    576 F.2d 697 (6th Cir. 1978)   Cited 588 times
    Holding that defendants waived personal jurisdiction "[b]y filing an appearance, by stipulating for a stay of proceedings by filing a motion to dismiss on the basis of the statute of limitations, and by entering into an extended discovery"
  4. Latman v. Burdette

    366 F.3d 774 (9th Cir. 2004)   Cited 195 times
    Holding that "the bankruptcy court may equitably surcharge a debtor's statutory exemptions when reasonably necessary both to protect the integrity of the bankruptcy process and to ensure that a debtor exempts an amount no greater than what is permitted by the exemption scheme of the Bankruptcy Code"
  5. Bliesner v. Communication Workers of America

    464 F.3d 910 (9th Cir. 2006)   Cited 73 times
    Holding a district court did not abuse its discretion when it struck part of an affidavit supporting a Rule 56 motion
  6. Hope v. Otis Elevator Co.

    389 F. Supp. 2d 1235 (E.D. Cal. 2005)   Cited 42 times
    Concluding that "in this `era of fax machines and discount air travel,'" it was not constitutionally unreasonable to require a Hawaiian defendant to litigate in California
  7. Rowley v. McMillan

    502 F.2d 1326 (4th Cir. 1974)   Cited 96 times
    Holding that Rule 12(g) prohibited motion to dismiss for lack of jurisdiction even after an amended complaint since the defense was available in response to initial complaint
  8. Pollstar v. Gigmania, Ltd.

    170 F. Supp. 2d 974 (E.D. Cal. 2000)   Cited 41 times
    Finding no authority for judicial notice of pleadings in an unrelated case
  9. Wafra Leasing Corp. v. Prime Capital Corp.

    247 F. Supp. 2d 987 (N.D. Ill. 2002)   Cited 19 times

    No. 01 C 4314 November 25, 2002 Leon Zelechowski, Chicago, IL, for plaintiff. David S. Waxman, Richard Keith Hellerman, James Alan Chatz, Arnstein Lehr, Chicago, IL, for Prime Capital Corp., Prime Leasing Corp., defendants. Michael Jon Gill, Andrew Dylan Campbell, Mayer, Brown, Rowe Maw, Chicago, IL, for Prime Finance Corp., 1999-A-1, Prime Finance Corp. 1999-A-2, defendants. James R. Figliulo, James H. Bowhay, Michael K. Desmond, Figliulo Silverman, chicago, IL, for KPMG LLP, defendant. David H

  10. Norita v. Northern Mariana Islands

    331 F.3d 690 (9th Cir. 2003)   Cited 18 times
    Upholding Fleming because a three-judge panel "cannot reconsider or overrule a decision of a prior panel" in the absence of an intervening Supreme Court decision
  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 344,481 times   920 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,155 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."
  13. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,976 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  14. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,492 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"