34 Cited authorities

Franchise Tax Bd. v. Laborers Vacation Trust
463 U.S. 1 (1983) Cited 10,472 times 5 Legal Analyses
Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"
Ghazali v. Moran
46 F.3d 52 (9th Cir. 1995) Cited 7,206 times
Holding that a court may dismiss an action based on a party's failure to comply with the court's Local Rules
Rusheen v. Cohen
37 Cal.4th 1048 (Cal. 2006) Cited 1,157 times 2 Legal Analyses
Holding California's litigation privilege precludes liability arising from noncommunicative acts that are necessarily related to enforcing a judgment
Brydges v. Lewis
18 F.3d 651 (9th Cir. 1994) Cited 801 times
Holding that Arizona district court did not err in summarily granting defendants' motion for summary judgment pursuant to former Local Rule 11 where pro se plaintiff failed to respond to motion after district court had warned plaintiff that it would deem his failure to respond a consent to granting of motion
Estate of Tucker v. Interscope Records, Inc.
515 F.3d 1019 (9th Cir. 2008) Cited 395 times
Listing lack of probable cause as a necessary element of a malicious prosecution claim
General Refractories v. Fireman's Fund Ins. Co.
337 F.3d 297 (3d Cir. 2003) Cited 324 times
Holding that a civil conspiracy claim requires a valid underlying tort claim
Hilton v. Hallmark Cards
580 F.3d 874 (9th Cir. 2009) Cited 236 times 4 Legal Analyses
Holding that pendent jurisdiction is unavailable over a motion to dismiss under Federal Rule 12(b) in an appeal from a denial of a motion to strike under an anti-SLAPP statute
Edwards v. Centex Real Estate Corp.
53 Cal.App.4th 15 (Cal. Ct. App. 1997) Cited 257 times
Holding that "the privilege attaches at that point in time that imminent access to the courts is seriously proposed by a party in good faith for the purpose of resolving a dispute, and not when a threat of litigation is made merely as a means of obtaining settlement"
Board of Educ. v. Farmingdale
38 N.Y.2d 397 (N.Y. 1975) Cited 445 times
Finding that issuance of 87 subpoenas, "motivated by an intent to harass and to injure, and the refusal to comply with a reasonable request to stagger the appearances was sufficient to support an inference that the process was being perverted to inflict economic harm"
Williams v. Williams
23 N.Y.2d 592 (N.Y. 1969) Cited 380 times 2 Legal Analyses
Holding that plaintiff's claim that an action was brought against him solely for the purpose of ruining his business reputation was insufficient to establish abuse of process
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 348,148 times 929 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,687 times 736 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
Section 301 - Preemption with respect to other laws
17 U.S.C. § 301 Cited 1,412 times 20 Legal Analyses
Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"
Section 512 - Limitations on liability relating to material online
17 U.S.C. § 512 Cited 575 times 186 Legal Analyses
Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"

Karen J Reif et al v. Rightscorp, Inc., et al,

34 Cited authorities

Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

Holding that a court may dismiss an action based on a party's failure to comply with the court's Local Rules

Holding California's litigation privilege precludes liability arising from noncommunicative acts that are necessarily related to enforcing a judgment

Listing lack of probable cause as a necessary element of a malicious prosecution claim

Holding that a civil conspiracy claim requires a valid underlying tort claim

Holding that pendent jurisdiction is unavailable over a motion to dismiss under Federal Rule 12(b) in an appeal from a denial of a motion to strike under an anti-SLAPP statute

Holding that "the privilege attaches at that point in time that imminent access to the courts is seriously proposed by a party in good faith for the purpose of resolving a dispute, and not when a threat of litigation is made merely as a means of obtaining settlement"

Finding that issuance of 87 subpoenas, "motivated by an intent to harass and to injure, and the refusal to comply with a reasonable request to stagger the appearances was sufficient to support an inference that the process was being perverted to inflict economic harm"

Holding that plaintiff's claim that an action was brought against him solely for the purpose of ruining his business reputation was insufficient to establish abuse of process

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

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"