33 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,570 times   141 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  3. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,254 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
  4. Bridge v. Phoenix Bond & Indem. Co.

    553 U.S. 639 (2008)   Cited 1,124 times   7 Legal Analyses
    Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
  5. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,683 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
  6. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 859 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices
  7. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,305 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  8. Schwarzenegger v. Fred Martin Motor Co.

    374 F.3d 797 (9th Cir. 2004)   Cited 2,748 times   1 Legal Analyses
    Holding that, in the tort context, "[t]he `express aiming' analysis depends, to a significant degree, on the specific type of tort or other wrongful conduct at issue"
  9. Boschetto v. Hansing

    539 F.3d 1011 (9th Cir. 2008)   Cited 1,223 times   1 Legal Analyses
    Holding that "the lone transaction for the sale of one item" did not create personal jurisdiction over the defendants in California because there were no allegations that the seller was a regular user of eBay to sell cars or "as a broader vehicle for commercial activity"
  10. Edwards v. Marin Park, Inc.

    356 F.3d 1058 (9th Cir. 2004)   Cited 1,335 times
    Holding that the plaintiff's admittedly "opaque" allegations of discriminatory retaliation were sufficient to withstand a motion to dismiss
  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 354,229 times   943 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,093 times   60 Legal Analyses
    Specifying prohibited activities
  15. Section 5-514 - ACTS SUBJECTING PERSONS TO JURISDICTION OF COURTS OF STATE

    Idaho Code § 5-514   Cited 99 times
    Enabling Idaho courts to exercise personal jurisdiction over any person or company engaged in the “transaction of any business within this state”
  16. Rule 9 - Pleading Special Matters

    Idaho R. Civ. P. 9   Cited 21 times

    (a) Capacity or Authority to Sue; Legal Existence. (1)In General. Except when required to show that the court has jurisdiction, a pleading need not allege: (A) a party's capacity to sue or be sued; (B) a party's authority to sue or be sued in a representative capacity; or (C) the legal existence of an organized association of persons that is made a party. (2)Raising Those Issues. To raise any of those issues, a party must do so by a specific denial, which must state any supporting facts that are