§Why CasetextPricing

Robert Campbell v. Bosley Medical Institute, Inc.

NOTICE OF MOTION AND MOTION to Dismiss Case [or, in the Alternative, Stay Case]

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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

  3. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,812 times   441 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,267 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'"

  5. Warren v. Fox Family Worldwide, Inc.

    328 F.3d 1136 (9th Cir. 2003)   Cited 1,157 times   1 Legal Analyses
    Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."

  6. Satterfield v. Simon Schuster

    569 F.3d 946 (9th Cir. 2009)   Cited 422 times   25 Legal Analyses
    Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable

  7. Cmax, Inc. v. Hall

    300 F.2d 265 (9th Cir. 1962)   Cited 1,284 times
    Holding that a delay "is not the kind of prejudice which should move a court to deny a requested postponement"

  8. Verizon v. Fed. Commc'ns Comm'n

    740 F.3d 623 (D.C. Cir. 2014)   Cited 45 times   11 Legal Analyses
    Finding jurisdiction without deciding whether it vested through a petition for review under 47 U.S.C. § 402 or a notice of appeal under 47 U.S.C. § 402(b)

  9. Comcast Corp. v. Federal Communications

    600 F.3d 642 (D.C. Cir. 2010)   Cited 39 times   4 Legal Analyses
    Vacating the Comcast Order

  10. Gragg v. Orange Cab Co.

    995 F. Supp. 2d 1189 (W.D. Wash. 2014)   Cited 27 times   5 Legal Analyses
    Finding human intervention to send texts was "essential" to system's ability to dial and transmit the messages and as such system in question was not an ATDS

  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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,735 times   740 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  13. Section 2342 - Jurisdiction of court of appeals

    28 U.S.C. § 2342   Cited 1,075 times   26 Legal Analyses
    Granting courts of appeals jurisdiction to review "final orders of the Federal Communications Commission"

  14. Section 402 - Judicial review of Commission's orders and decisions

    47 U.S.C. § 402   Cited 730 times   7 Legal Analyses
    Granting federal courts of appeals exclusive jurisdiction to hear proceedings “to enjoin, set aside, annul, or suspend any order” by the FCC