49 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
AE ex rel. Hernandez v. County of Tulare
666 F.3d 631 (9th Cir. 2012) Cited 1,050 times
Holding that a party forfeited an argument by failing to " 'specifically and distinctly' argue the issue in his opening brief" (quoting United States v. Ullah, 976 F.2d 509, 514 (9th Cir. 1992))
Evans v. United States
504 U.S. 255 (1992) Cited 376 times 13 Legal Analyses
Holding that the government was required to prove a quid pro quo existed—meaning an official accepted something of value in exchange for agreeing to take or taking official acts to qualify as Hobbs Act extortion
Neubronner v. Milken
6 F.3d 666 (9th Cir. 1993) Cited 793 times
Holding that Rule 9(b)'s purpose is "to prevent the filing of a complaint as a pretext for the discovery of unknown wrongs" and finding the Section 20A insufficiently pled because it lacked "facts [such] as the times, dates, places" or "allegations on information and belief . . . [to] state the factual basis for the belief"
Yamaguchi v. U.S. Air Force
109 F.3d 1475 (9th Cir. 1997) Cited 347 times
Holding that the complaint need only provide "fair notice" to defendant of the claim asserted
U.S. v. $242,484.00
389 F.3d 1149 (11th Cir. 2004) Cited 210 times 1 Legal Analyses
Holding an "appeal is not from the opinion of the district court, but from its judgment"
New Mexico Invest. Council v. Ernst Young
641 F.3d 1089 (9th Cir. 2011) Cited 142 times
Holding that a plaintiff could allege fraud by pleading "in your face facts that cry out"
Kourtis v. Cameron
419 F.3d 989 (9th Cir. 2005) Cited 161 times
Holding that a copyright owner and the author were not in privity because the prior contractual relationship did "not satisfy the adequacy-of-representation requirement"
U.S. v. Jackson-Randolph
282 F.3d 369 (6th Cir. 2002) Cited 148 times
Holding that the Supreme Court's reasoning in Buford leads to the use of a deferential standard of review in the application of the Sentencing Guidelines under circumstances involving fact-bound determinations
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
Section 1956 - Laundering of monetary instruments
18 U.S.C. § 1956 Cited 9,348 times 141 Legal Analyses
Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses
Section 981 - Civil forfeiture
18 U.S.C. § 981 Cited 3,736 times 33 Legal Analyses
Adopting 19 U.S.C. § 1602 et seq.
Section 1957 - Engaging in monetary transactions in property derived from specified unlawful activity
18 U.S.C. § 1957 Cited 3,289 times 41 Legal Analyses
Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,801 times 8 Legal Analyses
Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"

United States of America v. One White Crystal Covered Bad Tour Glove and Other Michael Jackson Memorabilia

49 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that a party forfeited an argument by failing to " 'specifically and distinctly' argue the issue in his opening brief" (quoting United States v. Ullah, 976 F.2d 509, 514 (9th Cir. 1992))

Holding that the government was required to prove a quid pro quo existed—meaning an official accepted something of value in exchange for agreeing to take or taking official acts to qualify as Hobbs Act extortion

Holding that the complaint need only provide "fair notice" to defendant of the claim asserted

Holding an "appeal is not from the opinion of the district court, but from its judgment"

Holding that a plaintiff could allege fraud by pleading "in your face facts that cry out"

Holding that a copyright owner and the author were not in privity because the prior contractual relationship did "not satisfy the adequacy-of-representation requirement"

Holding that the Supreme Court's reasoning in Buford leads to the use of a deferential standard of review in the application of the Sentencing Guidelines under circumstances involving fact-bound determinations

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

Adopting 19 U.S.C. § 1602 et seq.

Finding an error in the trial court's jury instructions harmless "[b]ecause overwhelming evidence support[ed] the jury's finding" of guilt

Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"