§Why CasetextPricing

Sherman v. Yahoo! Inc.

RESPONSE in Opposition re MOTION for Reconsideration re Order on Motion for Summary Judgment

44 Cited authorities

  1. Marlyn Nutraceuticals, Inc. v. Mucos Pharma GmbH & Co.

    571 F.3d 873 (9th Cir. 2009)   Cited 2,167 times   6 Legal Analyses
    Holding that a motion for reconsideration should not be used to present evidence that should have been presented previously

  2. Kona Enterprises, Inc. v. Estate of Bishop ex rel. Peters

    229 F.3d 877 (9th Cir. 2000)   Cited 2,689 times   1 Legal Analyses
    Holding that a motion for reconsideration "may not be used to raise arguments or present evidence for first time when they could reasonably have been raised earlier in the litigation"

  3. Bedroc Ltd. v. United States

    541 U.S. 176 (2004)   Cited 509 times   1 Legal Analyses
    Holding a court presumes that Congress says in the statute what it means

  4. Nunes v. Ashcroft

    375 F.3d 805 (9th Cir. 2003)   Cited 654 times
    Upholding refusal to treat motion for reconsideration as motion to amend because amendment would be futile

  5. Kern-Tulare Water Dist. v. City of Bakersfield

    634 F. Supp. 656 (E.D. Cal. 1986)   Cited 999 times
    In Kern-Tulare, the Eastern District of California adopted language from the Seventh Circuit regarding when it is appropriate to revisit a denial of summary judgment and integrated this language into its general rule regarding a federal court's inherent power to reconsider a prior ruling.

  6. Kern-Tulare Water Dist. v. City of Bakersfield

    828 F.2d 514 (9th Cir. 1987)   Cited 941 times
    Concluding that city's refusal to consent to water district's transfer of surplus water to other utilities was "foreseeable within the [statutory] authority of the city to contract for, acquire and hold water rights, to furnish itself and its inhabitants with water, and to sell, lease, exchange, or transfer surplus water"

  7. Satterfield v. Simon Schuster

    569 F.3d 946 (9th Cir. 2009)   Cited 418 times   25 Legal Analyses
    Holding that the FCC's interpretation that a text message is a "call" under the TCPA is reasonable

  8. Meyer v. Portfolio Recovery Assocs., LLC

    707 F.3d 1036 (9th Cir. 2012)   Cited 352 times   4 Legal Analyses
    Holding that a defendant violates the TCPA by calling a plaintiff's cellphone using an autodialing system without the plaintiff's consent

  9. McFarlin v. Conseco Services, LLC

    381 F.3d 1251 (11th Cir. 2004)   Cited 408 times   1 Legal Analyses
    Holding that certification is proper "only in exceptional cases where a decision of the appeal may avoid protracted and expensive litigation . . . and there is serious doubt as to how [a dispositive question] should be decided"

  10. Backlund v. Barnhart

    778 F.2d 1386 (9th Cir. 1985)   Cited 596 times
    Holding that a district court properly denied a motion to reconsider in which plaintiff presented no arguments that were not already raised in his original motion

  11. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,309 times   193 Legal Analyses
    Granting appellate jurisdiction over the denial of an injunction

  12. Section 2342 - Jurisdiction of court of appeals

    28 U.S.C. § 2342   Cited 1,070 times   25 Legal Analyses
    Granting courts of appeals jurisdiction to review "final orders of the Federal Communications Commission"

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

    47 U.S.C. § 402   Cited 726 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