42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,282 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,266 times   364 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' "
  3. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,624 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
  4. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,810 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  5. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,926 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'"
  6. United States v. Bajakajian

    524 U.S. 321 (1998)   Cited 1,356 times   12 Legal Analyses
    Holding that forfeiture 70 times the Guidelines maximum and greater than the statutory maximum would be unconstitutionally excessive
  7. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 1,309 times   7 Legal Analyses
    Holding that "[m]ere conclusory allegations" about the resignations of company executives did not, without more, give rise to a strong inference of scienter
  8. Oshana v. Coca-Cola Co.

    472 F.3d 506 (7th Cir. 2006)   Cited 820 times   7 Legal Analyses
    Holding that the typicality requirement was not satisfied where the plaintiff's proposed class "include[d] people who knew fountain Diet Coke contained saccharin and bought it anyway" when the plaintiff "claim[ed] she was deceived and injured"
  9. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,353 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
  10. Denney v. Deutsche Bank AG

    443 F.3d 253 (2d Cir. 2006)   Cited 597 times   9 Legal Analyses
    Holding "no class may be certified that contains members lacking Article III standing"
  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 344,310 times   920 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 155,392 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,802 times   1232 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Rule 2 - One Form of Action

    Fed. R. Civ. P. 2   Cited 680 times   1 Legal Analyses
    Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity
  15. Section 632 - Unlawful eavesdropping or recording

    Cal. Pen. Code § 632   Cited 545 times   16 Legal Analyses
    Providing for "imprisonment in the county jail not exceeding one year"
  16. Section 630 - Legislative declarations

    Cal. Pen. Code § 630   Cited 277 times   22 Legal Analyses
    Noting that CIPA was passed "to protect the right of privacy of the people of this state"
  17. Section 637.2 - Action against person who committed violation; injunctive relief

    Cal. Pen. Code § 637.2   Cited 208 times   2 Legal Analyses
    Providing for damages of the greater of $5,000 per violation or three times the plaintiff's actual damages
  18. Section 5704 - Exceptions to prohibition of interception and disclosure of communications

    18 Pa. C.S. § 5704   Cited 139 times   1 Legal Analyses
    Identifying three inapplicable exceptions to the definition of "devices."
  19. Section 632.7 - Unlawful interception or reception and intention recordation of communications transmitted between certain telephones

    Cal. Pen. Code § 632.7   Cited 52 times   2 Legal Analyses

    (a)Every person who, without the consent of all of the parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception and intentional recordation of, a communication transmitted between two cellular radio telephones, a cellular radio telephone and a landline telephone, two cordless telephones, a cordless telephone and a landline telephone, or a cordless telephone and a cellular radio telephone, shall be punished by a fine not exceeding two