Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,073 times 366 Legal AnalysesHolding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,830 times 20 Legal AnalysesHolding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
McHenry v. Renne
84 F.3d 1172 (9th Cir. 1996) Cited 4,270 timesHolding that a pleading that is "argumentative, prolix, replete with redundancy," and does not state "who is being sued, for what relief, and on what theory, with enough detail to guide discovery" must be dismissed
Robertson v. Dean Witter Reynolds, Inc.
749 F.2d 530 (9th Cir. 1984) Cited 1,551 timesHolding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order
Katzberg v. Regents of the University of California
29 Cal.4th 300 (Cal. 2002) Cited 269 timesHolding that an action for damages was not available to redress a freestanding claim pursuant to Article I, Section 7 of the California Constitution; the Bane Act was not discussed
Immigrant Assistance Project of the Los Angeles County Federation of Labor v. Immigration & Naturalization Service
306 F.3d 842 (9th Cir. 2002) Cited 229 timesHolding that where an injunction provided relief to certain class members, we had pendent jurisdiction to review the certification of the class as to those members because the district court had to certify the class before granting the class members injunctive relief
Advanced Cardiovascular v. Scimed Life
988 F.2d 1157 (Fed. Cir. 1993) Cited 202 times 2 Legal AnalysesHolding that in a Section 256 claim, laches cannot be decided at the pleading stage "based solely on presumptions"
Sagan v. Apple Computer, Inc.
874 F. Supp. 1072 (C.D. Cal. 1994) Cited 155 timesCV 94-2180 LGB (BRx) June 27, 1994 Peter W. James, Anthony M. Keats, Dennis F. Hernandez, Baker Hostetler, Los Angeles, CA, for defendant Apple Computer, Inc. Peter Laird, Ralph C. Loeb, Karen Brodkin, Edelstein Laird, P.C., Los Angeles, CA, for plaintiff Carl Sagan. BAIRD, District Judge. Defendant's motion to dismiss, motion for a more definite statement, and motion to strike came on regularly for hearing before this Court on June 27, 1994. After reviewing the materials submitted by the parties
Sorosky v. Burroughs Corp.
826 F.2d 794 (9th Cir. 1986) Cited 180 timesHolding that complete preemption “is applicable to the section 502 claims alleged in this case”
Medix Ambulance Service v. Orange County
97 Cal.App.4th 109 (Cal. Ct. App. 2002) Cited 59 times 1 Legal AnalysesHolding plaintiff cannot state FEHA claim against person not named in administrative claim; citing California cases
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 347,506 times 923 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,083 times 196 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 81 - Applicability of the Rules in General; Removed Actions
Fed. R. Civ. P. 81 Cited 3,712 times 6 Legal AnalysesRecognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."
Section 12940 - Unlawful employment practices
Cal. Gov. Code § 12940 Cited 894 timesFailing to prevent sexual harassment