§Why CasetextPricing

The Facebook, Inc. v. Connectu, Inc et al

Memorandum of Points and Authorities in Support of Plaintiff's Motion to Strike Connectu LLC's Affirmative Defenses and re 96

7 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Sidney-Vinstein v. A.H. Robins Co.

    697 F.2d 880 (9th Cir. 1983)   Cited 991 times
    Holding that district courts have an obligation to hear motions requesting reconsideration of summary judgments

  3. Qarbon.com Inc. v. eHelp Corp.

    315 F. Supp. 2d 1046 (N.D. Cal. 2004)   Cited 125 times
    Holding an answer alleging plaintiff is "barred from recovery . . . by the doctrines of waiver, estoppel, and unclean hands" did not provide fair notice of affirmative defenses because it did not allege facts justifying any of these doctrines

  4. Memorex Corp. v. Intern. Business Mach. Corp.

    555 F.2d 1379 (9th Cir. 1977)   Cited 54 times
    In Memorex, the Ninth Circuit relied on several decisions in which courts rejected illegality defenses, including Kiefer-Stewart and Perma Life, both of which involved asserted defenses that were based on the plaintiff's alleged antitrust violations. See Kiefer-Stewart, 340 U.S. at 214; Perma Life, 392 U.S. at 139-40; see also Radovich v. Nat. Football League, 352 U.S. 445, 454 n.10 (1956) (noting that violations of antitrust laws are regarded as “a special form of public injury” (emphasis in Radovich) (quoting Apex Hosiery Co. v. Leader, 310 U.S. 469, 493 (1940)).

  5. Purex Corp., Limited v. General Foods Corp.

    318 F. Supp. 322 (C.D. Cal. 1970)   Cited 22 times
    Rejecting affirmative defenses that were based on the plaintiff's alleged antitrust violation

  6. 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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  7. 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. . . ."