110 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "
  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 62,210 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. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 24,023 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
  4. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,660 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
  5. Eastman Kodak Co. v. Image Technical Services, Inc.

    504 U.S. 451 (1992)   Cited 2,297 times   16 Legal Analyses
    Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product
  6. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,076 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
  7. State Oil Co. v. Khan

    522 U.S. 3 (1997)   Cited 689 times   14 Legal Analyses
    Holding that court of appeals was correct to apply Supreme Court precedent despite its "infirmities, its increasingly wobbly, moth-eaten foundations" (alteration in original)
  8. Spectrum Sports, Inc. v. McQuillan

    506 U.S. 447 (1993)   Cited 783 times   7 Legal Analyses
    Holding that proof of relevant market is essential under § 2
  9. Verizon Comm. v. Law Offices of Trinko

    540 U.S. 398 (2004)   Cited 512 times   56 Legal Analyses
    Holding even a monopolist has no duty to cooperate with rivals
  10. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,467 times   4 Legal Analyses
    Holding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker
  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 348,148 times   927 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 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,180 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
  14. Rule 78 - Hearing Motions; Submission on Briefs

    Fed. R. Civ. P. 78   Cited 22,517 times
    Providing that court may decide motions on written statements of reasons in support and opposition to expedite business
  15. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,408 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities
  16. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,919 times   315 Legal Analyses
    Prohibiting unlawful business practices
  17. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,597 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  18. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 4,937 times   21 Legal Analyses
    Determining whether counterclaims are compulsory
  19. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,927 times   69 Legal Analyses
    Forbidding every "contract, combination . . . or conspiracy, in restraint of trade or commerce among the several States"
  20. Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing

    Cal. Code Civ. Proc. § 339   Cited 1,515 times   1 Legal Analyses
    Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"