§Why CasetextPricing

Lightspeed Media Corporation v. Smith et al

MEMORANDUM in Support re MOTION to Dismiss for Failure to State a Claim

41 Cited authorities

  1. In re Bittorrent Adult Film Copyright Infringement Cases

    296 F.R.D. 80 (E.D.N.Y. 2012)   Cited 839 times   1 Legal Analyses
    Finding that "it is no more likely that the subscriber to an IP address carried out a particular computer function . . . than to say an individual who pays the telephone bill made a specific telephone call."

  2. Indep. Trust Corp. v. Stewart Info. Servs. Corp.

    665 F.3d 930 (7th Cir. 2012)   Cited 744 times
    Holding that the district court did not abuse its discretion by dismissing a complaint with prejudice without allowing an opportunity to amend because the plaintiff “did not offer any meaningful indication of how it would plead differently”

  3. Oshana v. Coca-Cola Co.

    472 F.3d 506 (7th Cir. 2006)   Cited 820 times   7 Legal Analyses
    Holding that the typicality requirement was not satisfied where the plaintiff's proposed class "include[d] people who knew fountain Diet Coke contained saccharin and bought it anyway" when the plaintiff "claim[ed] she was deceived and injured"

  4. HPI Health Care Services, Inc. v. Mt. Vernon Hospital, Inc.

    131 Ill. 2d 145 (Ill. 1989)   Cited 877 times   2 Legal Analyses
    Holding that defendant's promises of future payment to secure pharmaceutical goods and services alleged a scheme

  5. Ennenga v. Starns

    677 F.3d 766 (7th Cir. 2012)   Cited 396 times
    Holding that Rule 12(g) does not prohibit a new Rule 12(b) argument from being raised in a successive motion

  6. McClure v. Owens Corning Fiberglass Corp.

    188 Ill. 2d 102 (Ill. 1999)   Cited 336 times   3 Legal Analyses
    Concluding that the evidence presented in McClure was sufficient to support the jury's finding of a civil conspiracy to suppress information about the health hazards of asbestos

  7. Bouse v. Bayer

    235 Ill. 2d 544 (Ill. 2009)   Cited 224 times   2 Legal Analyses
    Holding that plaintiff had no ICFA claim where plaintiff had seen no advertisements for the drug and had no independent knowledge of the drug or its effects

  8. Seng-Tiong Ho v. Taflove

    648 F.3d 489 (7th Cir. 2011)   Cited 140 times   2 Legal Analyses
    Holding on summary judgment that a statistical model presented in a public conference paper was not a trade secret under the ITSA, explaining that "[o]nce the possessor of information intentionally releases that information, the possessor can no longer make a successful trade secrets misappropriation claim because the information is not subject to reasonable efforts to maintain secrecy"

  9. Iseberg v. Gross

    227 Ill. 2d 78 (Ill. 2007)   Cited 144 times
    Concerning a duty to act for the protection of others, and requiring a special relationship for such duty to arise

  10. Hayes Mechanical, Inc. v. First Industrial

    351 Ill. App. 3d 1 (Ill. App. Ct. 2004)   Cited 151 times
    Holding that a claim for unjust enrichment cannot be brought against a third party where the crux of the problem is the plaintiff's disappointment by its "co-party's failure to pay" pursuant to a contract

  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 344,855 times   920 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 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,578 times   650 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,683 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  15. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,690 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."

  16. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,217 times   408 Legal Analyses
    Holding cellular phones are protected

  17. Section 301 - Preemption with respect to other laws

    17 U.S.C. § 301   Cited 1,406 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"

  18. Section 815 ILCS 505/2

    815 ILCS 505/2   Cited 1,385 times   13 Legal Analyses
    Prohibiting "[u]nfair methods of competition and unfair or deceptive acts or practices"

  19. Section 735 ILCS 5/2-1101 - Subpoenas

    735 ILCS 5/2-1101   Cited 18 times   1 Legal Analyses
    Stating that, in civil matters, "[t]he clerk of any court in which an action is pending shall * * * issue subpoenas"