§Why CasetextPricing

Star Fabrics Inc v. The Wet Seal Inc et al

Opposition in Opposition re: MOTION to Dismiss Case 27

27 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. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,393 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'"

  3. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,734 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  4. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,343 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  5. Morongo Band of Mission Indians v. Rose

    893 F.2d 1074 (9th Cir. 1990)   Cited 1,280 times
    Holding that whether a tribe had the authority to enforce a tribal ordinance against a non-Native was a federal question

  6. A M Records, Inc. v. Napster, Inc.

    239 F.3d 1004 (9th Cir. 2001)   Cited 750 times   10 Legal Analyses
    Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

  7. Smith v. Jackson

    84 F.3d 1213 (9th Cir. 1996)   Cited 562 times   4 Legal Analyses
    Holding district court properly exercised discretion in finding copyright claims non-frivolous where "the claims had a legal basis sufficient to survive summary judgment and a factual basis supported by expert testimony"

  8. Lipton v. Nature Co.

    71 F.3d 464 (2d Cir. 1995)   Cited 510 times   5 Legal Analyses
    Holding that defendant's claim that he conducted "thorough" research was nonactionable puffery

  9. L.A. Printex Indus., Inc. v. Aeropostale, Inc.

    676 F.3d 841 (9th Cir. 2012)   Cited 233 times   3 Legal Analyses
    Holding that while a floral pattern contains natural elements that are not protectible, "the original selection, coordination, and arrangement of such elements is protectible" and entitled to broad copyright protection and the substantial similarity test applies because there is a "wide range of expression for selecting, coordinating, and arranging floral elements in stylized fabric designs."

  10. Campbell v. United States

    365 U.S. 85 (1961)   Cited 243 times
    Finding that typed interview report prepared by FBI agent based on notes taken during a pretrial meeting with a government witness may qualify as Jencks Act statements under subsection (e), if it was adopted by the witness, or subsection (e), if the report closely followed notes that included verbatim statements

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,795 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint