31 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,314 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 266,259 times 365 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' "
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,458 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
Von Saher v. Norton Simon Museum of Art
578 F.3d 1016 (9th Cir. 2009) Cited 1,185 times
Holding that a court may take judicial notice of publications to establish what was in the public realm at the time
Eclectic Properties East, LLC v. Marcus & Millichap Co.
751 F.3d 990 (9th Cir. 2014) Cited 450 times 1 Legal Analyses
Holding that allegations are not plausible unless plaintiffs allege "facts tending to exclude the possibility that the [defendant's] explanation is true."
Ove v. Gwinn
264 F.3d 817 (9th Cir. 2001) Cited 659 times
Holding that district court may decline to exercise supplemental jurisdiction over related state law claims once it has dismissed all claims over which it had original jurisdiction
Sever v. Alaska Pulp Corp.
978 F.2d 1529 (9th Cir. 1992) Cited 567 times 1 Legal Analyses
Holding that a former employee failed to state a RICO claim where multiple criminal predicate acts were "in a sense a single episode having the singular purpose of impoverishing [the plaintiff]" and there was "no suggestion that these defendants . . . ever intended anyone but [plaintiff] any harm"
Howard v. America Online Inc.
208 F.3d 741 (9th Cir. 2000) Cited 386 times
Holding that the RICO bar applies even where the plaintiff does not have standing to sue under securities laws because the plaintiff did not buy or sell securities
Dreiling v. American Exp. Co.
458 F.3d 942 (9th Cir. 2006) Cited 135 times 1 Legal Analyses
Reviewing eligibility for Rule 16b-3 exemption to Section 16(b) liability de novo
Reich v. Lopez
38 F. Supp. 3d 436 (S.D.N.Y. 2014) Cited 101 times
Holding that defendant's use of New York office space and New York banks, among other factors, "is not one of those rare instances" in which a defendant "is subjected to a state's general jurisdiction irrespective of where they are domiciled"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,889 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,083 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 11,938 times 169 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 1956 - Laundering of monetary instruments
18 U.S.C. § 1956 Cited 9,281 times 141 Legal Analyses
Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses
Section 1952 - Interstate and foreign travel or transportation in aid of racketeering enterprises
18 U.S.C. § 1952 Cited 3,260 times 42 Legal Analyses
Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law

Petroleos Mexicanos et al v. Hewlett-Packard Company et al

31 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 extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that a court may take judicial notice of publications to establish what was in the public realm at the time

Holding that allegations are not plausible unless plaintiffs allege "facts tending to exclude the possibility that the [defendant's] explanation is true."

Holding that district court may decline to exercise supplemental jurisdiction over related state law claims once it has dismissed all claims over which it had original jurisdiction

Holding that a former employee failed to state a RICO claim where multiple criminal predicate acts were "in a sense a single episode having the singular purpose of impoverishing [the plaintiff]" and there was "no suggestion that these defendants . . . ever intended anyone but [plaintiff] any harm"

Holding that the RICO bar applies even where the plaintiff does not have standing to sue under securities laws because the plaintiff did not buy or sell securities

Reviewing eligibility for Rule 16b-3 exemption to Section 16(b) liability de novo

Holding that defendant's use of New York office space and New York banks, among other factors, "is not one of those rare instances" in which a defendant "is subjected to a state's general jurisdiction irrespective of where they are domiciled"

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Holding that such a statement must merely be made by the party and offered against that party

Barring fraudulent schemes "for obtaining money or property"

Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

Making it illegal to travel in interstate commerce to further a gambling business that is illegal under applicable state law