§Why CasetextPricing

Hoang et al v. Reunion.com Inc

Memorandum in Opposition re MOTION to Dismiss First Amended Complaint

31 Cited authorities

  1. Ali v. Fed. Bureau of Prisons

    552 U.S. 214 (2008)   Cited 749 times   2 Legal Analyses
    Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

  2. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,857 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

  3. Warre ex rel. E.T. v. Commissioner of the Social Security Administration

    439 F.3d 1001 (9th Cir. 2006)   Cited 2,267 times
    Holding that impairments that can be controlled effectively with medications are not disabling

  4. Branch v. Tunnell

    14 F.3d 449 (9th Cir. 1994)   Cited 2,961 times
    Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"

  5. International Audiotext Network, Inc. v. AT&T

    62 F.3d 69 (2d Cir. 1995)   Cited 1,343 times   3 Legal Analyses
    Holding that if a complaint "relies heavily upon [a contract's] terms and effect" the contract may be considered at the 12(b) stage even if the contract is not incorporated in or attached to the complaint

  6. Linear Tech. v. Applied Materials

    152 Cal.App.4th 115 (Cal. Ct. App. 2007)   Cited 217 times   1 Legal Analyses
    Holding a corporate plaintiff "may not rely on the UCL" in a contract action where neither the general public or individual consumers are implicated

  7. Spencer Enterprises, Inc. v. U.S.

    345 F.3d 683 (9th Cir. 2003)   Cited 234 times   1 Legal Analyses
    Holding that provisions providing that the Attorney General "may" take certain action vest unreviewable "ultimate authority ... in the discretion of the Attorney General"

  8. U.S. v. Smith

    389 F.3d 944 (9th Cir. 2004)   Cited 216 times
    Holding judge can revisit earlier orders

  9. U.S. v. Lummi Indian Tribe

    235 F.3d 443 (9th Cir. 2000)   Cited 193 times
    Holding that district court did not abuse its discretion to invoke law of the case where its prior decision interpreted 1974 Indian fishing rights decree

  10. Guzman v. Shewry

    552 F.3d 941 (9th Cir. 2008)   Cited 138 times
    Holding that because there is no constitutionally-protected property right to Medicaid payments, there is no right to a pre-suspension hearing

  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 344,399 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 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,613 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Section 1927 - Counsel's liability for excessive costs

    28 U.S.C. § 1927   Cited 8,809 times   81 Legal Analyses
    Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

  14. Section 7701 - Congressional findings and policy

    15 U.S.C. § 7701   Cited 183 times   8 Legal Analyses
    Describing the Congressional findings and purpose of the Act

  15. Section 7704 - Other protections for users of commercial electronic mail

    15 U.S.C. § 7704   Cited 93 times   8 Legal Analyses
    In 15 U.S.C. § 7704(a)(1), Congress authorized civil suits against senders who dispatch "materially false" or "materially misleading" emails.

  16. Section 17529.5 - Unlawful advertising in commercial email advertisement

    Cal. Bus. & Prof. Code § 17529.5   Cited 93 times   4 Legal Analyses
    Listing three "circumstances" under which it is "illegal for any person or entity to advertise in a commercial e-mail"

  17. Section 7706 - Enforcement generally

    15 U.S.C. § 7706   Cited 78 times   2 Legal Analyses
    Creating private right of action for providers of Internet access service

  18. Section 7702 - Definitions

    15 U.S.C. § 7702   Cited 58 times
    Cross-referencing 47 U.S.C. § 231(e)

  19. Section 7707 - Effect on other laws

    15 U.S.C. § 7707   Cited 57 times   2 Legal Analyses
    Providing CAN-SPAM does not preempt state "trespass" laws