§Why CasetextPricing

San Francisco Technology, Inc. v. The Glad Products Company et al

MOTION to Sever and Dismiss, Or, in the Alternative, Motion to Transfer or Dismiss or Stay, Memorandum of Points and Authorities

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 times   369 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. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,132 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  4. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,615 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  5. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,142 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  6. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,850 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  7. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 5,032 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

  8. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,628 times   35 Legal Analyses
    Holding that States are not subject to private FCA actions

  9. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,322 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  10. Horne v. Flores

    557 U.S. 433 (2009)   Cited 695 times
    Holding injunction mandating sweeping changes to Texas's foster care system overly broad

  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 357,835 times   950 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 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,059 times   191 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,849 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  14. Rule 20 - Permissive Joinder of Parties

    Fed. R. Civ. P. 20   Cited 11,678 times   22 Legal Analyses
    Granting courts authority to "issue orders-including an order for separate trials."

  15. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,723 times   14 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants

  16. Section 1540 - Penalties and enforcement

    16 U.S.C. § 1540   Cited 1,004 times   12 Legal Analyses
    Requiring such notice

  17. Section 292 - False marking

    35 U.S.C. § 292   Cited 567 times   64 Legal Analyses
    Providing cause of action and share of recovery against a person falsely marking patented articles