§Why CasetextPricing

Todd Burton v. Time Warner Cable Inc

REPLY in support of MOTION to Dismiss Case DEFENDANT'S NOTICE OF MOTION AND MOTION TO DISMISS COMPLAINT 10

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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

  3. Barnhart v. Sigmon Coal Co.

    534 U.S. 438 (2002)   Cited 848 times   2 Legal Analyses
    Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"

  4. Doe v. Chao

    540 U.S. 614 (2004)   Cited 495 times   10 Legal Analyses
    Holding a plaintiff must prove causation in order to obtain damages

  5. Resnick v. Avmed, Inc.

    693 F.3d 1317 (11th Cir. 2012)   Cited 454 times   18 Legal Analyses
    Holding plaintiffs need only allege losses, not unreimbursed losses, for a cognizable injury in a Florida breach of implied contract claim

  6. S.E.C. v. McCarthy

    322 F.3d 650 (9th Cir. 2003)   Cited 154 times
    Holding that Section 21(e) of the Exchange Act of 1934 permits the use of summary proceedings in district courts to enforce Commission orders

  7. Edwards v. the First American Corp.

    385 F. App'x 629 (9th Cir. 2010)   Cited 106 times   16 Legal Analyses
    Holding that a statutory violation alone is enough

  8. Sterk v. Redbox Automated Retail, LLC

    672 F.3d 535 (7th Cir. 2012)   Cited 69 times   5 Legal Analyses
    Holding that subsection 2710(c) did not authorize a private right of action for unlawful retention of personal information in violation of Section 2710(e)

  9. In re Facebook Privacy Litigation

    791 F. Supp. 2d 705 (N.D. Cal. 2011)   Cited 57 times
    Holding allegation plaintiffs "suffered injury" insufficient to plead "actual damages"; dismissing breach of contract claim

  10. Mckenzie v. Fed. Express Corp..

    765 F. Supp. 2d 1222 (C.D. Cal. 2011)   Cited 50 times
    Holding that the defendant “violated Labor Code Section 226 by failing to include the beginning date for the pay period in its wage statements”

  11. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 6501 - Limitations on assessment and collection

    26 U.S.C. § 6501   Cited 1,696 times   42 Legal Analyses
    Providing that a deficiency must generally be assessed within three years from the date the taxpayer files his or her federal income tax return

  14. Section 551 - Protection of subscriber privacy

    47 U.S.C. § 551   Cited 1,632 times   19 Legal Analyses
    Prohibiting disclosure of "personally identifiable information" concerning cable subscriber without consent

  15. Section 2710 - Wrongful disclosure of video tape rental or sale records

    18 U.S.C. § 2710   Cited 226 times   77 Legal Analyses
    Prohibiting disclosure of "personally identifiable information concerning" consumer of video rental establishment without consent

  16. Section 637.2 - Action against person who committed violation; injunctive relief

    Cal. Pen. Code § 637.2   Cited 215 times   3 Legal Analyses
    Providing for damages of the greater of $5,000 per violation or three times the plaintiff's actual damages

  17. Section 1798.84 - Waiver of provisions; civil action by customer; civil penalty; defense to civil action; injunctions

    Cal. Civ. Code § 1798.84   Cited 27 times   10 Legal Analyses
    Providing cause of action for violation of § 1798.81.5(b)

  18. Section 338 - Carriage of local television signals by satellite carriers

    47 U.S.C. § 338   Cited 19 times   2 Legal Analyses
    Providing the same process for satellite carriers

  19. Section 122 - Limitations on exclusive rights: Secondary transmissions of local television programming by satellite

    17 U.S.C. § 122   Cited 10 times   2 Legal Analyses

    (a) SECONDARY TRANSMISSIONS INTO LOCAL MARKETS.- (1) SECONDARY TRANSMISSIONS OF TELEVISION BROADCAST STATIONS WITHIN A LOCAL MARKET.-A secondary transmission of a performance or display of a work embodied in a primary transmission of a television broadcast station into the station's local market shall be subject to statutory licensing under this section if- (A) the secondary transmission is made by a satellite carrier to the public; (B) with regard to secondary transmissions, the satellite carrier

  20. Section 637.5 - Unlawful acts by owner or manager of satellite or cable television corporation

    Cal. Pen. Code § 637.5   Cited 10 times

    (a) No person who owns, controls, operates, or manages a satellite or cable television corporation, or who leases channels on a satellite or cable system shall: (1) Use any electronic device to record, transmit, or observe any events or listen to, record, or monitor any conversations that take place inside a subscriber's residence, workplace, or place of business, without obtaining the express written consent of the subscriber. A satellite or cable television corporation may conduct electronic sweeps