40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,412 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  4. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 2,211 times   3 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"
  5. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 2,680 times   2 Legal Analyses
    Holding courts "may consider . . . documents incorporated by reference in the complaint . . . without converting motion to dismiss into a motion for summary judgment"
  6. United States ex rel. Lee v. Corinthian Colls.

    655 F.3d 984 (9th Cir. 2011)   Cited 1,031 times   1 Legal Analyses
    Holding that a court "may not, on the basis of evidence outside of the [c]omplaint, take judicial notice of facts favorable to Defendants that could reasonably be disputed"
  7. Whittlestone, Inc. v. Handi-Craft Co.

    618 F.3d 970 (9th Cir. 2010)   Cited 1,021 times   2 Legal Analyses
    Holding district court erred in striking damages claim under Rule 12(f) because "none of the five categories covers the allegations in the pleading sought to be stricken by [defendant]"
  8. Marder v. Lopez

    450 F.3d 445 (9th Cir. 2006)   Cited 796 times   2 Legal Analyses
    Holding that the doctrine of incorporation by reference applies to documents that plaintiffs do not attach to their complaint
  9. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,112 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
  10. Coto Settlement v. Eisenberg

    593 F.3d 1031 (9th Cir. 2010)   Cited 601 times
    Holding that on a motion to dismiss, a court may consider documents outside the complaint when the contents of the document are alleged in the complaint, the document's authenticity is not in question, and there are no disputed issues as to the document's relevance
  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 270,437 times   785 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 123,496 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 24,378 times   148 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  14. Section 216 - Penalties

    29 U.S.C. § 216   Cited 13,900 times   130 Legal Analyses
    Vesting enforcement power in Secretary of Labor
  15. Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing

    Cal. Civ. Proc. Code § 339   Cited 1,091 times   1 Legal Analyses
    Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"