77 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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' "
  2. Beneficial Nat. Bank v. Anderson

    539 U.S. 1 (2003)   Cited 2,142 times   9 Legal Analyses
    Holding that the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks
  3. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,035 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
  4. Mitsubishi Motors v. Soler Chrysler-Plymouth

    473 U.S. 614 (1985)   Cited 4,238 times   44 Legal Analyses
    Holding that the Act emphatically favors arbitration
  5. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,489 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII
  6. The Bremen v. Zapata Off-Shore Co.

    407 U.S. 1 (1972)   Cited 4,537 times   41 Legal Analyses
    Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"
  7. Carnival Cruise Lines, Inc. v. Shute

    499 U.S. 585 (1991)   Cited 1,944 times   8 Legal Analyses
    Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"
  8. Fidelity Federal Savings & Loan Ass'n v. De La Cuesta

    458 U.S. 141 (1982)   Cited 1,604 times   4 Legal Analyses
    Holding that a regulation authorizing federal savings-and-loan associations to include due-on-sale clauses in mortgage contracts conflicted with a state-court doctrine that such clauses were un-enforceable
  9. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,863 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
  10. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,422 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  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 346,412 times   923 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,850 times   315 Legal Analyses
    Prohibiting unlawful business practices
  15. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,856 times   563 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
  16. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 959 times   4 Legal Analyses
    Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"
  17. Section 24 - Corporate powers of associations

    12 U.S.C. § 24   Cited 662 times   43 Legal Analyses
    Authorizing banks "[t]o exercise . . . all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt . . . and by obtaining, issuing, and circulating notes"
  18. Section 21 - Formation of national banking associations; incorporators; articles of association

    12 U.S.C. § 21   Cited 497 times   4 Legal Analyses
    Governing formation of national banks and their entry into articles of association
  19. Section 484 - Limitation on visitorial powers

    12 U.S.C. § 484   Cited 69 times   8 Legal Analyses
    Limiting the exercise of visitorial powers, "except as authorized by Federal law . . ."
  20. Section 433.2 - Preservation of consumers' claims and defenses, unfair or deceptive acts or practices

    16 C.F.R. § 433.2   Cited 264 times   7 Legal Analyses
    Providing that "[a]ny holder of this consumer credit contract is subject to all claims and defenses which the debtor could assert against the seller"
  21. Section 7.4008 - Lending by national banks

    12 C.F.R. § 7.4008   Cited 65 times   4 Legal Analyses
    Allowing banks to make non-real estate loans without regard to, inter alia, “disclosure and advertising”
  22. Section 433.1 - Definitions

    16 C.F.R. § 433.1   Cited 41 times   2 Legal Analyses

    (a)Person. An individual, corporation, or any other business organization. (b)Consumer. A natural person who seeks or acquires goods or services for personal, family, or household use. (c)Creditor. A person who, in the ordinary course of business, lends purchase money or finances the sale of goods or services to consumers on a deferred payment basis; Provided, such person is not acting, for the purposes of a particular transaction, in the capacity of a credit card issuer. (d)Purchase money loan.

  23. Section 7.4009 - Reserved

    12 C.F.R. § 7.4009   Cited 18 times   1 Legal Analyses
    Declaring that national banks are subject to state laws "not inconsistent" with national banks' powers, "to the extent that [those laws] only incidentally affect the exercise of national bank powers."