34 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,199 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  3. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,694 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  4. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 24,885 times   1 Legal Analyses
    Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint
  5. Davis v. Scherer

    468 U.S. 183 (1984)   Cited 3,786 times   1 Legal Analyses
    Holding that the only relevant inquiry is whether federal law rights are clearly established; it does not matter that the officer simultaneously violates state law rights that are clearly established
  6. Usher v. City of Los Angeles

    828 F.2d 556 (9th Cir. 1987)   Cited 2,139 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
  7. Xechem, Inc. v. Bristol-Myers Squibb Co.

    372 F.3d 899 (7th Cir. 2004)   Cited 411 times
    Holding that a plaintiff pleads himself out of court when his complaint includes all the necessary ingredients of an impenetrable defense
  8. Nelson v. Chase Manhattan Mortgage Corp.

    282 F.3d 1057 (9th Cir. 2002)   Cited 425 times   1 Legal Analyses
    Holding that § 1681s-2(b) creates "a cause of action for a consumer against a furnisher of credit information"
  9. Casa Herrera, Inc. v. Beydoun

    32 Cal.4th 336 (Cal. 2004)   Cited 342 times   2 Legal Analyses
    Holding oral or written extrinsic evidence may not be introduced "to vary, alter or add to the terms of an integrated written instrument," but only "to explain the meaning of a written contract . . . [if] the meaning urged is one to which the written contract terms are reasonably susceptible"
  10. Skaff v. Meridien North America

    506 F.3d 832 (9th Cir. 2007)   Cited 231 times   2 Legal Analyses
    Holding that a delay in providing a disabled person a hotel room with a roll-in shower and shower chair was not a denial of access
  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 361,353 times   960 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1681s-2 - Responsibilities of furnishers of information to consumer reporting agencies

    15 U.S.C. § 1681s-2   Cited 2,992 times   44 Legal Analyses
    Granting enforcement power to state and federal regulators
  14. Section 1681i - Procedure in case of disputed accuracy

    15 U.S.C. § 1681i   Cited 1,558 times   28 Legal Analyses
    Relating to indirect disputes
  15. Section 1681t - Relation to State laws

    15 U.S.C. § 1681t   Cited 663 times   14 Legal Analyses
    Preempting state-law claims "relating to the responsibilities of persons who furnish information to consumer reporting agencies"
  16. Section 1681m - Requirements on users of consumer reports

    15 U.S.C. § 1681m   Cited 353 times   19 Legal Analyses
    Granting federal banking agencies the power "to prescribe regulations applicable to card issuers to ensure that, if a card issuer receives notification of a change of address for an existing account, and within a short period of time (during at least the first 30 days after such notification is received) receives a request for an additional or replacement card for the same account, the card issuer may not issue the additional or replacement card
  17. Section 1681c-2 - Block of information resulting from identity theft

    15 U.S.C. § 1681c-2   Cited 34 times
    Addressing a consumer reporting agency's duty to block information that the consumer identifies as information that resulted from an alleged identity theft
  18. Section 1798.93 - Action or cross-complaint to establish that person victim of identity theft

    Cal. Civ. Code § 1798.93   Cited 33 times   1 Legal Analyses

    (a) A person may bring an action against a claimant to establish that the person is a victim of identity theft in connection with the claimant's claim against that person. If the claimant has brought an action to recover on its claim against the person, the person may file a cross-complaint to establish that the person is a victim of identity theft in connection with the claimant's claim. (b) A person shall establish that they are a victim of identity theft by a preponderance of the evidence. (c)

  19. Section 1798.92 - Definitions

    Cal. Civ. Code § 1798.92   Cited 12 times   1 Legal Analyses
    Defining victim of identity theft
  20. Section 1785.20.3 - Verification of accuracy of consumer's name, address or social security number provided on application for extension of credit

    Cal. Civ. Code § 1785.20.3   Cited 2 times

    (a) Any person who uses a consumer credit report in connection with the approval of credit based on an application for an extension of credit, and who discovers that the consumer's first and last name, address, or social security number, on the credit application does not match, within a reasonable degree of certainty, the consumer's first and last name, address or addresses, or social security number listed, if any, on the consumer credit report, shall take reasonable steps to verify the accuracy