§Why CasetextPricing

New England Carpenters Health Benefits Fund et al v. First Databank, Inc., et al

MOTION for Leave to File Second Amended Complaint

40 Cited authorities

  1. Calderon v. Kansas Dept., Soc. Rehab. Ser

    181 F.3d 1180 (10th Cir. 1999)   Cited 422 times
    Holding that a "single sentence, lacking a statement for the grounds for amendment and dangling at the end of [appellant's] memorandum, did not rise to the level of a motion for leave to amend" and that motion for leave to amend was therefore "never properly before" district court

  2. Diamond Multimedia Systems, Inc. v. Superior Court

    19 Cal.4th 1036 (Cal. 1999)   Cited 255 times   1 Legal Analyses
    Finding no constitutional impediment in permitting non-Californians a right of action under a domestic statute because California had a "clear and substantial interest in preventing fraudulent practices in this state," or in "extending state-created remedies to out-of-state parties harmed by wrongful conduct occurring in California."

  3. Wershba v. Apple Computer, Inc.

    91 Cal.App.4th 224 (Cal. Ct. App. 2001)   Cited 225 times
    Finding that application of California law to a class settlement was appropriate when "substantial numbers of class members are located in California"

  4. Adorno v. Crowley Towing and Transp. Co.

    443 F.3d 122 (1st Cir. 2006)   Cited 179 times
    Holding that futility of an amendment is assessed under the standard of Fed.R.Civ.P. 12(b)

  5. Acosta-Mestre v. Hilton International

    156 F.3d 49 (1st Cir. 1998)   Cited 184 times
    Holding that the district court did not abuse its discretion in denying the plaintiff's motion to amend the complaint to add an additional party because the motion, which was filed near the close of discovery, was tardy and the plaintiff lacked any sufficient excuse for delaying so long before moving for leave to amend

  6. Norwest Mortgage, Inc. v. Superior Court

    72 Cal.App.4th 214 (Cal. Ct. App. 1999)   Cited 165 times
    Holding § 17200 "was not intended to regulate conduct unconnected to California"

  7. Clothesrigger, Inc. v. GTE Corp.

    191 Cal.App.3d 605 (Cal. Ct. App. 1987)   Cited 96 times
    Holding trial court erred in denying motion to certify nationwide class without conducting choice of law analysis, where "alleged fraudulent misrepresentations forming the basis of the claim of every [class member] emanated from California"; observing that "California's more favorable laws may properly apply to benefit nonresident plaintiffs when their home states have no identifiable interest in denying such persons full recovery"

  8. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,056 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  9. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,278 times   91 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

  10. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,721 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  11. Section 1132 - Civil enforcement

    29 U.S.C. § 1132   Cited 26,255 times   169 Legal Analyses
    Holding liable "[a]ny administrator" who fails to provide documents in a timely manner

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,806 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,845 times   59 Legal Analyses
    Specifying prohibited activities

  14. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,923 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  15. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,386 times   102 Legal Analyses
    Relating to mail fraud

  16. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,911 times   169 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  17. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,665 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.