32 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,437 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,409 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
The Bremen v. Zapata Off-Shore Co.
407 U.S. 1 (1972) Cited 4,519 times 41 Legal Analyses
Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"
Scherk v. Alberto-Culver Co.
417 U.S. 506 (1974) Cited 1,563 times 6 Legal Analyses
Holding Securities Exchange Act claim arbitrable
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,557 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Murphy v. Schneider Nat'l, Inc.
349 F.3d 1224 (9th Cir. 2003) Cited 662 times 1 Legal Analyses
Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party
Rubio v. Capital One Bank
613 F.3d 1195 (9th Cir. 2010) Cited 400 times 2 Legal Analyses
Holding that closing a credit card account and losing the credit extended by the bank and/or keeping an account open and accepting a higher APR would result in economic injury sufficient for UCL standing
Manetti-Farrow, Inc. v. Gucci Am., Inc.
858 F.2d 509 (9th Cir. 1988) Cited 728 times 1 Legal Analyses
Holding tort claims were covered by a forum-selection clause because resolution of the tort claims required interpretation of the parties' contract
Doe 1 v. AOL LLC
552 F.3d 1077 (9th Cir. 2009) Cited 338 times 4 Legal Analyses
Holding a forum-selection clause unenforceable when a state court held that enforcement would deprive California consumers of any remedy in Virginia courts
Argueta v. Banco Mexicano, S.A
87 F.3d 320 (9th Cir. 1996) Cited 453 times 2 Legal Analyses
Holding that a motion to dismiss based on a forum-selection clause should be treated "as a Rule 12(b) motion to dismiss for improper venue."
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 344,481 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
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 27,681 times 197 Legal Analyses
Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,790 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1406 - Cure or waiver of defects
28 U.S.C. § 1406 Cited 14,055 times 52 Legal Analyses
Recognizing that transfer is proper to any district or division in which the action could have been brought
Section 1 - "Maritime transactions" and "commerce" defined; exceptions to operation of title
9 U.S.C. § 1 Cited 11,821 times 203 Legal Analyses
Defining the word "commerce" in the language of the Commerce Clause itself

Norman W. Matthews et al v. Westpac Surgical, Llc

32 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"

Holding Securities Exchange Act claim arbitrable

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party

Holding that closing a credit card account and losing the credit extended by the bank and/or keeping an account open and accepting a higher APR would result in economic injury sufficient for UCL standing

Holding tort claims were covered by a forum-selection clause because resolution of the tort claims required interpretation of the parties' contract

Holding a forum-selection clause unenforceable when a state court held that enforcement would deprive California consumers of any remedy in Virginia courts

Holding that a motion to dismiss based on a forum-selection clause should be treated "as a Rule 12(b) motion to dismiss for improper venue."

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Prohibiting unlawful business practices

Recognizing that transfer is proper to any district or division in which the action could have been brought

Defining the word "commerce" in the language of the Commerce Clause itself