50 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 times 280 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,776 times 367 Legal Analyses
Holding 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' "
Calder v. Jones
465 U.S. 783 (1984) Cited 4,642 times 23 Legal Analyses
Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"
Keeton v. Hustler Magazine, Inc.
465 U.S. 770 (1984) Cited 3,042 times 7 Legal Analyses
Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,226 times 3 Legal Analyses
Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,885 times 3 Legal Analyses
Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
Kearns v. Ford Motor Co.
567 F.3d 1120 (9th Cir. 2009) Cited 2,274 times 5 Legal Analyses
Holding that circumstances constituting fraud must be stated with particularity
Mavrix Photo Inc. v. Brand Techs. Inc.
647 F.3d 1218 (9th Cir. 2011) Cited 935 times 3 Legal Analyses
Holding that the defendant expressly aimed the content of "celebrity-gossip.net" at California because the site had a specific focus on the California-centric entertainment industry
In re Glenfed, Inc. Securities Litigation
42 F.3d 1541 (9th Cir. 1994) Cited 1,716 times 3 Legal Analyses
Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 706 times 1 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
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 348,310 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,098 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,923 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,445 times 104 Legal Analyses
Relating to mail fraud
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 12,050 times 172 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises
18 U.S.C. § 1952 Cited 3,271 times 42 Legal Analyses
Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law
Section 1836 - Civil proceedings
18 U.S.C. § 1836 Cited 1,867 times 144 Legal Analyses
Granting district courts original, but not exclusive, jurisdiction over civil actions brought under the DTSA
Section 1839 - Definitions
18 U.S.C. § 1839 Cited 1,200 times 101 Legal Analyses
Recognizing that misappropriation is present where the acquiring entity “knows or has reason to know that the trade secret was acquired by improper means”
Section 3426.1 - Definitions
Cal. Civ. Code § 3426.1 Cited 872 times 22 Legal Analyses
Defining trade secrets under CUTSA similarly
Section 1550 - Essential to existence of contract
Cal. Civ. Code § 1550 Cited 852 times 3 Legal Analyses
Recognizing that the "essential" elements of contract formation include mutual consent and sufficient consideration

Iconlab Inc. et al v. Valeant Pharmaceuticals International, Inc. et al

50 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding 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' "

Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"

Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

Holding that circumstances constituting fraud must be stated with particularity

Holding that the defendant expressly aimed the content of "celebrity-gossip.net" at California because the site had a specific focus on the California-centric entertainment industry

Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

Holding that a loan transaction is a business practice under the UCL

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Requiring that fraud be pleaded with particularity

Prohibiting unlawful business practices

Relating to mail fraud

Barring fraudulent schemes "for obtaining money or property"

Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

Granting district courts original, but not exclusive, jurisdiction over civil actions brought under the DTSA

Recognizing that misappropriation is present where the acquiring entity “knows or has reason to know that the trade secret was acquired by improper means”

Defining trade secrets under CUTSA similarly

Recognizing that the "essential" elements of contract formation include mutual consent and sufficient consideration