61 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,459 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,884 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
BMW of North America, Inc. v. Gore
517 U.S. 559 (1996) Cited 2,855 times 43 Legal Analyses
Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit
In re Phenylpropanolamine
460 F.3d 1217 (9th Cir. 2006) Cited 4,454 times 4 Legal Analyses
Holding that "[f]ailing to produce documents" and "unreasonable delay" both support the court's finding of prejudice
Phillips Petroleum Co. v. Shutts
472 U.S. 797 (1985) Cited 1,789 times 19 Legal Analyses
Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
Dole Food Co. v. Patrickson
538 U.S. 468 (2003) Cited 518 times 7 Legal Analyses
Holding that a now-private corporation could not assert sovereign immunity in a suit involving events that occurred when the entity was owned by a foreign sovereign
Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,655 times 16 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
Anderson v. Air West, Inc.
542 F.2d 522 (9th Cir. 1976) Cited 4,166 times
Holding that dismissal of claims avoided the evil of allowing the plaintiff to benefit from her attorney's abuses, and was not an unduly harsh sanction
Yeti by Molly Ltd. v. Deckers Outdoor Corp.
259 F.3d 1101 (9th Cir. 2001) Cited 1,332 times
Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure
Wong v. Regents of University of California
410 F.3d 1052 (9th Cir. 2004) Cited 626 times
Holding that the district court did not abuse its discretion by excluding expert witness testimony where plaintiff failed to timely identify the witness "without substantial justification"
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 346,583 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,096 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 95,280 times 656 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions
Fed. R. Civ. P. 37 Cited 46,007 times 320 Legal Analyses
Holding that a party may be barred from using a witness if it fails to disclose the witness
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,860 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,598 times 55 Legal Analyses
Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"
Section 1030 - Fraud and related activity in connection with computers
18 U.S.C. § 1030 Cited 3,235 times 408 Legal Analyses
Holding cellular phones are protected
Rule 1006 - Summaries to Prove Content
Fed. R. Evid. 1006 Cited 1,739 times 6 Legal Analyses
Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."
Section 17203 - Injunctive relief
Cal. Bus. & Prof. Code § 17203 Cited 986 times 5 Legal Analyses
Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
Section 3333 - Breach of obligation not arising from contract
Cal. Civ. Code § 3333 Cited 748 times
Defining damages "[f]or the breach of an obligation not arising from contract" as "the amount which will compensate for all the detriment proximately caused thereby ..."

Oracle Corporation et al v. SAP AG et al

61 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

Holding that "[f]ailing to produce documents" and "unreasonable delay" both support the court's finding of prejudice

Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”

Holding that a now-private corporation could not assert sovereign immunity in a suit involving events that occurred when the entity was owned by a foreign sovereign

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

Holding that dismissal of claims avoided the evil of allowing the plaintiff to benefit from her attorney's abuses, and was not an unduly harsh sanction

Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure

Holding that the district court did not abuse its discretion by excluding expert witness testimony where plaintiff failed to timely identify the witness "without substantial justification"

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Adopting Fed.R.Civ.P. 37

Holding that a party may be barred from using a witness if it fails to disclose the witness

Prohibiting unlawful business practices

Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

Holding cellular phones are protected

Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."

Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

Defining damages "[f]or the breach of an obligation not arising from contract" as "the amount which will compensate for all the detriment proximately caused thereby ..."