42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 13,286 times   5 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. State Farm Mut. Automobile Ins. Co. v. Campbell

    538 U.S. 408 (2003)   Cited 2,274 times   49 Legal Analyses
    Holding that an award of $145 million in punitive damages on a $1 million compensatory verdict violated due process
  5. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,412 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
  6. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 13,025 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. United States v. Bajakajian

    524 U.S. 321 (1998)   Cited 1,113 times   12 Legal Analyses
    Holding that forfeiture 70 times the Guidelines maximum and greater than the statutory maximum would be unconstitutionally excessive
  8. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 966 times   6 Legal Analyses
    Holding that the "district court did not err when it dismissed [a private securities plaintiff's second amended putative class action complaint] with prejudice, since it was clear that the plaintiffs had made their best case and had been found wanting"
  9. Oshana v. Coca-Cola Co.

    472 F.3d 506 (7th Cir. 2006)   Cited 729 times   6 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"
  10. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,112 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
  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 267,561 times   779 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 122,224 times   187 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 28,069 times   1148 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. Section 632 - Unlawful eavesdropping or recording

    Cal. Pen. Code § 632   Cited 451 times   16 Legal Analyses
    Providing for "imprisonment in the county jail not exceeding one year"
  15. Section 630 - Legislative declarations

    Cal. Pen. Code § 630   Cited 220 times   13 Legal Analyses
    Noting that CIPA was passed "to protect the right of privacy of the people of this state"
  16. Section 637.2 - Action against person who committed violation; injunctive relief

    Cal. Pen. Code § 637.2   Cited 177 times   2 Legal Analyses
    Providing that a person "injured by a violation of this chapter may bring an action against the person who committed the violation"
  17. Section 632.7 - Unlawful interception or reception and intention recordation of communications transmitted between certain telephones

    Cal. Pen. Code § 632.7   Cited 94 times   13 Legal Analyses
    Defining "communication" as including facsimile transmissions
  18. Section 5704 - Exceptions to prohibition of interception and disclosure of communications

    18 Pa. C.S. § 5704   Cited 58 times
    Stating that it is not unlawful for an investigative or law enforcement officer or employees of a correctional facility to intercept communications