Neitzke v. Williams
490 U.S. 319 (1989) Cited 56,155 timesHolding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
Denton v. Hernandez
504 U.S. 25 (1992) Cited 22,270 timesHolding the standard of review for dismissal under § 1915(d) is abuse of discretion
Haines v. Kerner
404 U.S. 519 (1972) Cited 58,673 timesHolding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"
Brodheim v. Cry
584 F.3d 1262 (9th Cir. 2009) Cited 2,660 timesHolding that a "mere threat of harm can be an adverse action" if issued in retaliation for a prisoner's use of grievance procedures
Owens v. Kaiser Found. Health Plan, Inc.
244 F.3d 708 (9th Cir. 2001) Cited 1,925 times 1 Legal AnalysesHolding that defendant was not estopped from raising untimely res judicata defense
Reyn's Pasta Bella, LLC v. Visa USA, Inc.
442 F.3d 741 (9th Cir. 2006) Cited 1,554 timesHolding that the district court's "approval of the settlement constituted a final judgment on the merits"
Parrino v. FHP, Inc.
146 F.3d 699 (9th Cir. 1998) Cited 1,257 times 3 Legal AnalysesHolding that the district court properly considered documents attached to a motion to dismiss that described the terms of plaintiff's group health insurance plan, where plaintiff alleged membership in the plan, his claims depended on the conditions described in the documents, and plaintiff never disputed their authenticity
Stewart v. U.S. Bancorp
297 F.3d 953 (9th Cir. 2002) Cited 745 times 2 Legal AnalysesHolding that plaintiffs bear the “burden to amend their complaint” to assert claims that are not preempted by ERISA
Boeken v. Philip Morris USA, Inc.
48 Cal.4th 788 (Cal. 2010) Cited 555 times 1 Legal AnalysesHolding that for res judicata purposes, "a dismissal with prejudice is the equivalent of a final judgment on the merits, barring the entire cause of action"
Bailey v. Johnson
846 F.2d 1019 (5th Cir. 1988) Cited 751 timesHolding that repetitious litigation of virtually identical causes of action is subject to dismissal as malicious
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 348,148 times 927 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1915 - Proceedings in forma pauperis
28 U.S.C. § 1915 Cited 291,568 times 38 Legal AnalysesHolding that, after a plaintiff is granted in forma pauperis status, "the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,180 times 91 Legal AnalysesFinding 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
Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit
28 U.S.C. § 1738 Cited 7,537 times 15 Legal AnalysesReferring to "[t]he Acts of the legislature" in the full faith and credit context
Section 1453 - Removal of class actions
28 U.S.C. § 1453 Cited 1,353 times 109 Legal AnalysesProviding discretion to hear an appeal from a remand order
Section 3602 - Willful assault by employer; fraudulent concealment of injury; defective product manufactured by employer
Cal. Lab. Code § 3602 Cited 444 times 1 Legal AnalysesRevealing that California's exclusive-remedy provision explicitly applies to "the employee or his or her dependents "