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"The Apple iPod iTunes Anti-Trust Litigation"

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31 Cited authorities

  1. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 23,875 times   1 Legal Analyses
    Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

  2. Hanover Shoe v. United Shoe Machinery Corp.

    392 U.S. 481 (1968)   Cited 791 times   15 Legal Analyses
    Holding that an antitrust defendant could not argue that a plaintiff who had purchased a product directly from the defendant was not injured because it had passed on the illegal overcharge to its own customers, thus creating a regime under which plaintiffs can arguably recover more than "threefold the damages by him sustained"

  3. Miller v. Rykoff-Sexton, Inc.

    845 F.2d 209 (9th Cir. 1988)   Cited 1,306 times
    Holding that amendment is futile if no set of facts can be proven under the amendment that would constitute a valid claim

  4. Nunes v. Ashcroft

    375 F.3d 805 (9th Cir. 2003)   Cited 655 times
    Upholding refusal to treat motion for reconsideration as motion to amend because amendment would be futile

  5. United Airlines, Inc. v. McDonald

    432 U.S. 385 (1977)   Cited 399 times   5 Legal Analyses
    Holding that a litigant cannot claim "unfair prejudice" when one person takes over an appeal from another

  6. Saint Agnes Medical Center v. PacifiCare of California

    31 Cal.4th 1187 (Cal. 2003)   Cited 477 times   3 Legal Analyses
    Holding the prejudice results from a party's expenditure on defending against motions that reflect a position on arbitrability

  7. Doers v. Golden Gate Bridge etc. Dist.

    23 Cal.3d 180 (Cal. 1979)   Cited 625 times
    In Doers v. Golden Gate Bridge etc. Dist. (1979) 23 Cal.3d 180, 188, our Supreme Court noted that waiver of the right to arbitrate is established when there has been "judicial litigation of the merits of arbitrable issues."

  8. In re Milk Products Antitrust Litigation

    195 F.3d 430 (8th Cir. 1999)   Cited 247 times
    Holding that the district court did not abuse discretion in denying leave to amend as untimely when the dismissal of an earlier complaint more than half a year before informed the plaintiffs of the deficiencies they sought to cure

  9. Judah v. Delaware Trust Co.

    378 A.2d 624 (Del. 1977)   Cited 153 times   1 Legal Analyses
    Instructing courts to view the facts in the light most favorable to the non-movant

  10. In re Flash Memory Antitrust Litigation

    No. C 07-0086-SBA (N.D. Cal. Jun. 8, 2010)   Cited 42 times
    Holding that where class had proposed injunctive classes alongside damages classes that "[c]ertification of any Statewide Classes under Rule 23(b) likewise is inappropriate in light of the fact that Plaintiffs' primary intent in this litigation is to recover damages for past purchases"

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,683 times   91 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

  12. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,165 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  13. Section 278 - Continuation of corporation after dissolution for purposes of suit and winding up affairs

    Del. Code tit. 8 § 278   Cited 173 times   7 Legal Analyses

    All corporations, whether they expire by their own limitation or are otherwise dissolved, shall nevertheless be continued, for the term of 3 years from such expiration or dissolution or for such longer period as the Court of Chancery shall in its discretion direct, bodies corporate for the purpose of prosecuting and defending suits, whether civil, criminal or administrative, by or against them, and of enabling them gradually to settle and close their business, to dispose of and convey their property

  14. Section 122 - Specific powers

    Del. Code tit. 8 § 122   Cited 65 times   2 Legal Analyses
    Authorizing corporations to "[m]ake contracts"

  15. Section 275 - Dissolution generally; procedure

    Del. Code tit. 8 § 275   Cited 29 times
    Describing procedures for dissolution generally

  16. Section 510 - Failure to pay tax or file a complete annual report for 1 year; charter void; extension of time

    Del. Code tit. 8 § 510   Cited 22 times   3 Legal Analyses

    If any corporation, accepting the Constitution of this State and coming under Chapter 1 of this title, or any corporation which has heretofore filed or may hereafter file a certificate of incorporation under said chapter, neglects or refuses for 1 year to pay the State any franchise tax or taxes, which has or have been, or shall be assessed against it, or which it is required to pay under this chapter, or shall neglect or refuse to file a complete annual franchise tax report, the charter of the corporation