§Why CasetextPricing

Osama Ahmed Fahmy v. Live Nation Entertainment, Inc.

MEMORANDUM in Opposition to MOTION to Dismiss Case Pursuant to FRCP 12

41 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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

  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,309 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  3. Noll v. Carlson

    809 F.2d 1446 (9th Cir. 1987)   Cited 5,480 times
    Holding that, while the court would normally grant a pro se plaintiff a chance to amend his complaint, it will not grant leave to amend where it is clear that no amendment can cure the complaint's defects

  4. Arpin v. Santa Clara Valley Transp. Agency

    261 F.3d 912 (9th Cir. 2001)   Cited 1,786 times
    Holding that "conclusory allegations unsupported by factual data are insufficient to defeat summary judgment motion"

  5. Usher v. City of Los Angeles

    828 F.2d 556 (9th Cir. 1987)   Cited 2,080 times
    Holding that plaintiffs significantly prejudiced where effect of new rule is to shorten limitations period such that they have no opportunity to follow new rule

  6. Broughton v. Cutter Laboratories

    622 F.2d 458 (9th Cir. 1980)   Cited 2,570 times
    Holding that mere claims of "indifference," "negligence," or "medical malpractice" do not support a claim under § 1983

  7. A M Records, Inc. v. Napster, Inc.

    239 F.3d 1004 (9th Cir. 2001)   Cited 739 times   9 Legal Analyses
    Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

  8. Ellison v. Robertson

    357 F.3d 1072 (9th Cir. 2004)   Cited 657 times   2 Legal Analyses
    Holding that "the district court erred in concluding on summary judgment that [the ISP] satisfied the requirements of § 512" because the record showed that the ISP "allowed notices of potential copyright infringement to fall into a vacuum and to go unheeded," indicating it "had not reasonably implemented its policy against repeat infringers"

  9. Perfect 10, Inc. v. Amazon.Com, Inc.

    487 F.3d 701 (9th Cir. 2007)   Cited 468 times   29 Legal Analyses
    Holding that an online image search index was "highly transformative"

  10. Leyva v. Certified Grocers of Cal., Ltd.

    593 F.2d 857 (9th Cir. 1979)   Cited 1,079 times   1 Legal Analyses
    Holding that the arbitrator does have the power to determine whether various provisions in the contract are void

  11. 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 346,675 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

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,318 times   656 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,772 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