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Robinson v. Disney Online d/b/a Disney Interactive

MEMORANDUM OF LAW in Support re: 30 MOTION to Dismiss First Amended Complaint. . Document

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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 267,331 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' "

  3. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,260 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  4. Perrin v. United States

    444 U.S. 37 (1979)   Cited 1,122 times   7 Legal Analyses
    Holding that commercial bribery falls under the definition of bribery under the Travel Act, which was passed nine years before RICO was enacted

  5. Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.

    712 F.3d 705 (2d Cir. 2013)   Cited 630 times   4 Legal Analyses
    Holding that although failure to diversify may give rise to a claim for breach of fiduciary duty, plaintiff failed to state a claim on the facts alleged

  6. BP America Production Co. ex rel. Amoco Production Co. v. Burton

    549 U.S. 84 (2006)   Cited 127 times   5 Legal Analyses
    Holding that lessees must treat gas to pipeline CO2 requirements to serve distant markets into which it is sold

  7. Low v. Linkedin Corporation

    900 F. Supp. 2d 1010 (N.D. Cal. 2012)   Cited 101 times
    Holding plaintiffs satisfied Article III standing even though they had failed to allege reliance on particular representations, and even though their FAL claims were dismissed with prejudice on that basis

  8. Matusovsky v. Merrill Lynch

    186 F. Supp. 2d 397 (S.D.N.Y. 2002)   Cited 77 times
    Holding that, in deciding a motion to dismiss, allegations are insufficient where they are contradicted by a document that is integral to or explicitly referenced in the complaint

  9. Viacom International Inc. v. Youtube Inc.

    253 F.R.D. 256 (S.D.N.Y. 2008)   Cited 36 times   1 Legal Analyses
    Holding that the SCA "contains no exception for disclosure of such communications pursuant to civil discovery requests"

  10. In re Hulu Privacy Litigation

    No. C 11-03764 LB (N.D. Cal. Aug. 10, 2012)   Cited 10 times   3 Legal Analyses

    No. C 11-03764 LB 08-10-2012 IN RE HULU PRIVACY LITIGATION LAUREL BEELER ORDER DENYING DEFENDANT'S MOTION TO DISMISS PLAINTIFFS' FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT I. INTRODUCTION In this putative class action, viewers of Hulu's on-line video content allege that Hulu wrongfully disclosed their video viewing selections and personal identification information to third parties such as online ad networks, metrics companies (meaning, companies that track data), and social networks, in violation

  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 346,675 times   923 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 551 - Protection of subscriber privacy

    47 U.S.C. § 551   Cited 1,533 times   19 Legal Analyses
    Prohibiting disclosure of "personally identifiable information" concerning cable subscriber without consent

  13. Section 2710 - Wrongful disclosure of video tape rental or sale records

    18 U.S.C. § 2710   Cited 209 times   73 Legal Analyses
    Prohibiting disclosure of "personally identifiable information concerning" consumer of video rental establishment without consent