§Why CasetextPricing

Jane Doe v. Medalist Holdings, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case

52 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 times   279 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 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' "

  3. Nemet Chevrolet v. Consumeraffairs.com, Inc.

    591 F.3d 250 (4th Cir. 2009)   Cited 3,041 times   3 Legal Analyses
    Holding that a website did not contribute to alleged illegality

  4. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,313 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  5. Van Buskirk v. Cable News Network, Inc.

    284 F.3d 977 (9th Cir. 2002)   Cited 977 times
    Holding that the Ninth Circuit's "incorporation by reference" rule allows a court to look beyond the face of the complaint without converting a Rule 12(b) motion to dismiss to a motion for summary judgment

  6. Zelig v. County of Los Angeles

    27 Cal.4th 1112 (Cal. 2002)   Cited 956 times   2 Legal Analyses
    Finding public entity could not be liable under respondeat superior because the plaintiff had failed to allege that the public employees were engaged in conduct within the scope of employment that would render the public employee liable to the plaintiff

  7. Doe v. Myspace

    528 F.3d 413 (5th Cir. 2008)   Cited 762 times   5 Legal Analyses
    Holding that CDA bars claims for negligence and gross negligence in not preventing a 13 year old girl from lying about her age to create a personal profile that led to contact by a sexual predator

  8. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.

    7 Cal.4th 503 (Cal. 1994)   Cited 1,174 times   5 Legal Analyses
    Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong

  9. Woodrum v. Woodward County

    866 F.2d 1121 (9th Cir. 1989)   Cited 836 times
    Holding that a "conspiracy allegation does not give rise to § 1983 liability unless there is an actual deprivation of civil rights"

  10. Perkins v. Silverstein

    939 F.2d 463 (7th Cir. 1991)   Cited 738 times   1 Legal Analyses
    Concluding that receipt of right-to-sue letter after complaint was filed cured the exhaustion deficiency

  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 345,805 times   922 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 28,274 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. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,474 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 230 - Protection for private blocking and screening of offensive material

    47 U.S.C. § 230   Cited 1,017 times   167 Legal Analyses
    Limiting liability