Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,822 times 5 Legal AnalysesHolding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
Kerotest Mfg. Co. v. C-O-Two Co.
342 U.S. 180 (1952) Cited 1,159 times 1 Legal AnalysesUpholding stay
Chaset v. Fleer/Skybox International, LP
300 F.3d 1083 (9th Cir. 2002) Cited 436 timesHolding no "injury to property" under RICO
Alltrade, Inc. v. Uniweld Prods., Inc.
946 F.2d 622 (9th Cir. 1991) Cited 607 times 1 Legal AnalysesHolding the first-to-file rule is discretionary and identifying circumstances, including bad faith, where a court need not defer to first-filed actions
Pacesetter Sys., Inc. v. Medtronic, Inc.
678 F.2d 93 (9th Cir. 1982) Cited 604 times 1 Legal AnalysesHolding dismissal is proper "when a complaint involving the same parties and issues has already been filed in another district"
Z-Line Designs, Inc. v. Bell'O International LLC
218 F.R.D. 663 (N.D. Cal. 2003) Cited 79 timesFinding that plaintiff filed in anticipation of litigation where letter provided specific, concrete indication that litigation was imminent
Cartier, Inc. v. Sardell Jewelry
294 F. App'x 615 (2d Cir. 2008) Cited 49 timesHolding "sound" the district court's conclusion that "it was improper for defendants to break the trade dress down into specific elements and call them functional, because plaintiffs' claim is that the combination and arrangement of those design elements comprise the trade dress at issue"
Xoxide, Inc. v. Ford Motor Co.
448 F. Supp. 2d 1188 (C.D. Cal. 2006) Cited 27 timesTaking the plaintiff's failure to meet the defendant's argument that the action in question was an anticipatory filing as concession that the plaintiff was unable to do so
Nat'l Union Fire Ins. Co. of Pittsburgh v. Payless Shoesource, Inc.
No. C-11-1892 EMC (N.D. Cal. Aug. 9, 2012) Cited 11 timesNo. C-11-1892 EMC 08-09-2012 NATIONAL UNION FIRE INSURANCE COMPANY OF PITTSBURGH, PA., Plaintiff, v. PAYLESS SHOESOURCE, INC., et al., Defendants. EDWARD M. CHEN ORDER DENYING PLAINTIFF'S MOTION TO ENJOIN DEFENDANTS FROM PROSECUTING SIMILAR LITIGATION IN KANSAS (Docket No. 40) I. INTRODUCTION Plaintiff National Union Fire Insurance Company ("National Union") filed a Complaint for Declaratory Relief on April 19, 2011, pursuant to 28 U.S.C. §§ 2201 and 2202 seeking a determination of its rights and
Rodriguez v. Topps Co., Inc.
104 F. Supp. 2d 1224 (S.D. Cal. 2000) Cited 18 timesNo. 98CV2121-B (AJB). June 21, 2000. Kevin P. Roddy, Los Angeles, CA, for plaintiff. Martin F. Klotz, New York City, Albert M. Myers, New York City, Richard A. Schirtzer, Los Angeles, CA, for defendant. ORDER: (1) VACATING PREVIOUS ORDER OF MAY 14, 1999 PUBLISHED AT 52 F. Supp.2d 1183 NUNC PRO TUNC; (2) DISMISSING PLAINTIFFS' RICO CLAIM WITHOUT LEAVE TO AMEND; and (3) DISMISSING WITHOUT PREJUDICE ALL PENDENT CLAIMS BREWSTER, Senior District Judge. INTRODUCTION Plaintiffs herein, alleged residents
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 AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,857 times 61 Legal AnalysesGranting district courts the authority to create a remedy with the force of a final judgment
Rule 28 - Persons Before Whom Depositions May Be Taken
Fed. R. Civ. P. 28 Cited 18,566 times 7 Legal AnalysesRequiring appellant's argument to contain citations to authorities