53 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,377 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 266,313 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' "
Erickson v. Pardus
551 U.S. 89 (2007) Cited 61,559 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"
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,752 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit
507 U.S. 163 (1993) Cited 5,108 times 2 Legal Analyses
Holding that there is no heightened pleading requirement in § 1983 suits against municipalities
Feist Publications, Inc. v. Rural Tel. Service Co.
499 U.S. 340 (1991) Cited 3,363 times 44 Legal Analyses
Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,716 times
Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Hospital Building Co. v. Trustees of Rex Hospital
425 U.S. 738 (1976) Cited 6,274 times 2 Legal Analyses
Holding that a conspiracy against a North Carolina hospital had "a substantial effect on interstate commerce," and hence was covered by the Sherman Act, because it could, inter alia, reduce the hospital's purchases of out-of-state medicines and supplies
Dastar Corp. v. Twentieth Century Fox Film Corp.
539 U.S. 23 (2003) Cited 735 times 20 Legal Analyses
Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )
DCD Programs, Ltd. v. Leighton
833 F.2d 183 (9th Cir. 1987) Cited 2,899 times
Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint
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 345,529 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,008 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 41 - Dismissal of Actions
Fed. R. Civ. P. 41 Cited 107,887 times 195 Legal Analyses
Holding that such dismissal "operates as an adjudication on the merits"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,426 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
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,268 times 320 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,742 times 107 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,596 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 501 - Infringement of copyright
17 U.S.C. § 501 Cited 3,160 times 26 Legal Analyses
Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

Richard Friedman v. Hans Zimmer et al

53 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 that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

Holding that a conspiracy against a North Carolina hospital had "a substantial effect on interstate commerce," and hence was covered by the Sherman Act, because it could, inter alia, reduce the hospital's purchases of out-of-state medicines and supplies

Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )

Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that such dismissal "operates as an adjudication on the merits"

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

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

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"

Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"