16 Cited authorities

  1. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,836 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  2. Howlett v. Rose

    496 U.S. 356 (1990)   Cited 1,377 times   2 Legal Analyses
    Holding that "the State and arms of the State . . . are not subject to suit under § 1983"
  3. Bogan v. Scott-Harris

    523 U.S. 44 (1998)   Cited 931 times   2 Legal Analyses
    Holding that local executive officials could invoke legislative immunity with respect to their legitimate legislative acts
  4. Martinez v. California

    444 U.S. 277 (1980)   Cited 1,406 times
    Holding that the language of § 1983 imposes a proximate cause requirement on claims under that statute
  5. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,365 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
  6. Waste Management Holdings, Inc. v. Gilmore

    252 F.3d 316 (4th Cir. 2001)   Cited 683 times
    Holding that motions to strike are "generally viewed with disfavor because striking a portion of a pleading is a drastic remedy
  7. United States v. Brewster

    408 U.S. 501 (1972)   Cited 432 times
    Holding that act of bribery was not immune from prosecution if government did not need to prove "how [defendant] spoke, how he debated, how he voted, or anything he did in the chamber or in committee"
  8. Wallis v. Spencer

    202 F.3d 1126 (9th Cir. 1999)   Cited 404 times
    Holding that there was a genuine factual dispute over the "imminency" of the danger to a child based on allegations that the child's father intended to ritually sacrifice him to Satan the following week
  9. San Pedro Hotel Co., Inc. v. City of L.A

    159 F.3d 470 (9th Cir. 1998)   Cited 412 times
    Holding that a genuine issue of material fact existed on the plaintiff's retaliation claim where the plaintiff had introduced evidence that, several weeks after publicly stating "that the City had acted illegally by refusing to fund housing for the mentally ill and that his family would sue . . . the City of Los Angeles Building and Safety Commissioner and several members of the City's `Slumhouse Task Force' conducted an inspection" of the plaintiff's hotel, cited him for violations, and gave him only a short time to make repairs
  10. United States v. Johnson

    383 U.S. 169 (1966)   Cited 298 times
    Holding a criminal prosecution for bribery could not inquire into a legislator's motive for legislative action under the Speech or Debate Clause
  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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 6212 - Notice of deficiency

    26 U.S.C. § 6212   Cited 1,805 times   26 Legal Analyses
    Authorizing "the Secretary" to issue NODs
  13. Section 7401 - Authorization

    26 U.S.C. § 7401   Cited 511 times   2 Legal Analyses
    Providing that "no civil action for the collection or recovery of taxes, or of any fine, penalty, or forfeiture, shall be commenced unless the Secretary authorizes or sanctions the proceedings and the Attorney General or his delegate directs that the action be commenced"
  14. Section 7-1026 - PLEADINGS AND ACCOMPANYING DOCUMENTS

    Idaho Code § 7-1026   Cited 1 times

    (1) In a proceeding under this chapter, a petitioner seeking to establish a support order, to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under section 7-1027, Idaho Code, the petition or accompanying documents must provide, so far as known, the name, residential address and social security numbers of the obligor and the obligee or the parent and alleged parent, and the