17 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,163 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,110 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' "
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,022 times 33 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 15,969 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'"
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,532 times 1 Legal Analyses
Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,054 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Cahill v. Liberty Mut. Ins. Co.
80 F.3d 336 (9th Cir. 1996) Cited 3,295 times
Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
Western Min. Council v. Watt
643 F.2d 618 (9th Cir. 1981) Cited 2,861 times
Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"
Campanelli v. Bockrath
100 F.3d 1476 (9th Cir. 1996) Cited 357 times
Holding that statements to press one week after discharge met standard
Allarcom Pay Television v. General Instrument
69 F.3d 381 (9th Cir. 1995) Cited 319 times
Holding the Copyright Act inapplicable where satellite television signals were broadcast from the U.S. into Canada because potential infringement was not complete until the signals were received in Canada
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 345,270 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Shupe v. Capital One Bank USA NA

17 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

Holding that statements to press one week after discharge met standard

Holding the Copyright Act inapplicable where satellite television signals were broadcast from the U.S. into Canada because potential infringement was not complete until the signals were received in Canada

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss