28 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
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,783 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Morrison v. National Australia Bank Ltd.
561 U.S. 247 (2010) Cited 1,470 times 177 Legal Analyses
Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,717 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
Odom v. Microsoft Corp.
486 F.3d 541 (9th Cir. 2007) Cited 855 times
Holding that plaintiffs had sufficiently alleged an association-in-fact enterprise of two corporations
Semegen v. Weidner
780 F.2d 727 (9th Cir. 1985) Cited 1,002 times 1 Legal Analyses
Holding that allegations must be "specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong"
In re Anthem, Inc. Data Breach Litigation
162 F. Supp. 3d 953 (N.D. Cal. 2016) Cited 87 times 2 Legal Analyses
Holding Complaint sufficiently alleged allegations of unlawfulness prong
United States v. Jinian
725 F.3d 954 (9th Cir. 2013) Cited 79 times 1 Legal Analyses
Holding that the interstate nexus in § 1343 is "jurisdictional and not a substantive element of a wire fraud offense"
Matusovsky v. Merrill Lynch
186 F. Supp. 2d 397 (S.D.N.Y. 2002) Cited 77 times
Holding that, in deciding a motion to dismiss, allegations are insufficient where they are contradicted by a document that is integral to or explicitly referenced in the complaint
U.S. v. Kennedy
64 F.3d 1465 (10th Cir. 1995) Cited 91 times 1 Legal Analyses
Concluding that the "plain language" of 18 U.S.C. § 1341 indicated that "it was ‘neither necessary to allege nor prove that false pretenses, representations, or promises were actually made’ to anyone, much less to each individual in the distinct mail fraud counts"
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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,081 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 12,036 times 172 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
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 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 2314 - Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting
18 U.S.C. § 2314 Cited 3,067 times 22 Legal Analyses
Criminalizing the transportation, transmission, or transfer of goods "in interstate or foreign commerce"
Section 2315 - Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps
18 U.S.C. § 2315 Cited 608 times 2 Legal Analyses
Forbidding the possession, receipt, or sale of of stolen property that has crossed state borders

United States of America v. Real Property Located in Los Angeles, California

28 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 Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding that plaintiffs had sufficiently alleged an association-in-fact enterprise of two corporations

Holding that allegations must be "specific enough to give defendants notice of the particular misconduct which is alleged to constitute the fraud charged so that they can defend against the charge and not just deny that they have done anything wrong"

Holding Complaint sufficiently alleged allegations of unlawfulness prong

Holding that the interstate nexus in § 1343 is "jurisdictional and not a substantive element of a wire fraud offense"

Holding that, in deciding a motion to dismiss, allegations are insufficient where they are contradicted by a document that is integral to or explicitly referenced in the complaint

Concluding that the "plain language" of 18 U.S.C. § 1341 indicated that "it was ‘neither necessary to allege nor prove that false pretenses, representations, or promises were actually made’ to anyone, much less to each individual in the distinct mail fraud counts"

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

Requiring that fraud be pleaded with particularity

Barring fraudulent schemes "for obtaining money or property"

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

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

Criminalizing the transportation, transmission, or transfer of goods "in interstate or foreign commerce"

Forbidding the possession, receipt, or sale of of stolen property that has crossed state borders