38 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 214,975 times   346 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  2. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,555 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
  3. Goshen v. Mut. Life Ins. Co. of New York

    98 N.Y.2d 314 (N.Y. 2002)   Cited 2,623 times   1 Legal Analyses
    Holding that disclaimers "do not establish a defense as a matter of law"
  4. Crown, Cork Seal Co. v. Parker

    462 U.S. 345 (1983)   Cited 1,031 times   54 Legal Analyses
    Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made
  5. Allstate Ins. Co. v. Hague

    449 U.S. 302 (1981)   Cited 531 times
    Holding that a Minnesota court may apply Minnesota rule permitting “stacking” of motorcycle insurance policies because plaintiff now lived in Minnesota and her deceased spouse had worked in Minnesota, even though plaintiff had lived in Wisconsin at the time of the accident, and even though decedent had lived in Wisconsin, had taken out the insurance policies in Wisconsin, and had been killed in Wisconsin
  6. Chardon v. Fumero Soto

    462 U.S. 650 (1983)   Cited 232 times
    Upholding a similar Puerto Rico statute as an acceptable substitute for American Pipe tolling
  7. Jarrow Formulas, Inc. v. Nutrition Now, Inc.

    304 F.3d 829 (9th Cir. 2002)   Cited 281 times   2 Legal Analyses
    Holding that after a finding of unreasonable delay, laches would not apply unless defendant also demonstrated prejudice
  8. Danjaq LLC v. Sony Corp.

    263 F.3d 942 (9th Cir. 2001)   Cited 279 times   1 Legal Analyses
    Holding that the record supported a finding of economic prejudice where there was "uncontested evidence" that the defendant invested a billion dollars in developing, producing, and marketing the James Bond films
  9. Boone v. Citigroup, Inc.

    416 F.3d 382 (5th Cir. 2005)   Cited 234 times
    Holding that the “joinder of the non-diverse appellees was improper” because plaintiff's claims “against the non-diverse appellees [we]re conclusively barred by the residual statute of limitations”
  10. Grimmett v. Brown

    75 F.3d 506 (9th Cir. 1996)   Cited 300 times   1 Legal Analyses
    Holding “error to equate” a situation where “the injury is speculative because it is not known whether it will occur at all” to a situation where “the injury has occurred and is known, but it is speculative whether the damages might be reduced or even eliminated by alternative recovery efforts”
  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 71,839 times   88 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 32,322 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  13. Section 16 - Judgments

    15 U.S.C. § 16   Cited 673 times   7 Legal Analyses
    Tolling the clock on private antitrust suits "during the pendency" of related suits by the federal government and "for one year thereafter"