§Why CasetextPricing

Medifast, Inc. et al v. Minkow et al

REPLY - Other re MOTION for Entry of Judgment under Rule 54

16 Cited authorities

  1. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,200 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  2. Equilon Enterprises, Llc. v. Consumer Cause, Inc.

    29 Cal.4th 53 (Cal. 2002)   Cited 1,789 times   1 Legal Analyses
    Holding that fee shifting under the Anti-SLAPP statute without a showing of the plaintiff's "intent to chill" free speech did not violate the Constitution or "inappropriately punish plaintiffs," especially given that a plaintiff is burdened by payment of attorney fees "only when the plaintiff burdens free speech with an unsubstantiated claim"

  3. Ketchum v. Moses

    24 Cal.4th 1122 (Cal. 2001)   Cited 1,736 times   4 Legal Analyses
    Holding that "the party seeking a fee enhancement bears the burden of proof

  4. Martinez v. Metabolife Internat., Inc.

    113 Cal.App.4th 181 (Cal. Ct. App. 2003)   Cited 445 times
    Holding that unless defendants carry their burden at the first step of the anti-SLAPP analysis to show the suit arises from acts in furtherance of their protected activity, the court must deny the motion

  5. Dove Audio, Inc. v. Rosenfeld, Meyer & Susman

    47 Cal.App.4th 777 (Cal. Ct. App. 1996)   Cited 330 times
    Holding that "communications preliminary to the institution of an official proceeding come within the privilege of" section 47(b)

  6. Dowling v. Zimmerman

    85 Cal.App.4th 1400 (Cal. Ct. App. 2001)   Cited 225 times
    Holding statements made by attorney "while negotiating stipulated settlement of [an] unlawful detainer action" were "privileged under subdivision (b) of Civil Code section 47"

  7. Masalosalo by Masalosalo v. Stonewall Ins. Co.

    718 F.2d 955 (9th Cir. 1983)   Cited 180 times
    Holding that district court retains jurisdiction to resolve attorneys' fees issues after appellate court has taken jurisdiction on merits

  8. Azizian v. Federated

    243 F. App'x 311 (9th Cir. 2007)   Cited 85 times
    Holding “that the term ‘costs on appeal’ in Rule 7 includes all expenses defined as ‘costs' by an applicable fee-shifting statute, including attorney's fees”

  9. Wilkerson v. Sullivan

    99 Cal.App.4th 443 (Cal. Ct. App. 2002)   Cited 90 times
    Prevailing defendant on an anti-SLAPP motion may recover attorney fees and costs pursuant to former section 425.16, subdivision (c) (now (c)), even where the plaintiff voluntarily dismisses his appeal from the order granting the defendant's anti-SLAPP motion

  10. Exxon Valdez v. Exxon Mobil

    568 F.3d 1077 (9th Cir. 2009)   Cited 35 times
    Finding postjudgment interest ran from the entry of the original judgment as opposed to the final judgment for punitive damages because the original judgment sufficiently established defendant's punitive damages liability

  11. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,202 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  12. Rule 62 - Stay of Proceedings to Enforce a Judgment

    Fed. R. Civ. P. 62   Cited 4,121 times   14 Legal Analyses
    Granting of stay is discretionary

  13. Section 425.16 - California anti-SLAPP law

    Cal. Code Civ. Proc. § 425.16   Cited 2,833 times   110 Legal Analyses
    Reversing district court's denial of anti-SLAPP motion as moot and remanding for consideration of the motion, including attorney's fees

  14. Form 7 - Declaration of Inmate Filing

    Fed. R. App. P. 7   Cited 228 times   2 Legal Analyses

    ______________________________________________ [insert name of court; for example, United States District Court for the District of Minnesota] A.B., Plaintiff v. }Case No.________ C.D., Defendant I am an inmate confined in an institution. Today, ________ [insert date], I am depositing the ________ [insert title of document; for example, "notice of appeal"] in this case in the institution's internal mail system. First-class postage is being prepaid either by me or by the institution on my behalf.