45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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
  2. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,665 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"
  3. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,458 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction
  4. Shaffer v. Heitner

    433 U.S. 186 (1977)   Cited 3,169 times   7 Legal Analyses
    Holding that, once a judgment is validly rendered against a debtor, the judgment creditor may sue to satisfy the debt with property in a state that lacks personal jurisdiction over the judgment debtor
  5. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,662 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"
  6. Harrods Ltd. v. Sixty Internet Domain Names

    302 F.3d 214 (4th Cir. 2002)   Cited 1,082 times
    Holding that district court erred in granting summary judgment without discovery where the "nonmoving party's objections before the district court served as the functional equivalent of an affidavit" under Rule 56(d) and "the nonmoving party was not lax in pursuing discovery"
  7. Odom v. Microsoft Corp.

    486 F.3d 541 (9th Cir. 2007)   Cited 850 times
    Holding that plaintiffs had sufficiently alleged an association-in-fact enterprise of two corporations
  8. Doe v. Unocal Corp.

    248 F.3d 915 (9th Cir. 2001)   Cited 932 times   1 Legal Analyses
    Holding "court may consider evidence" on motion to dismiss under Rule 12(b)
  9. Tuli v. Republic of Iraq

    172 F.3d 707 (9th Cir. 1999)   Cited 869 times
    Holding that a court "has an affirmative duty" to assure itself that it has personal jurisdiction over a defendant before entering a default judgment, even though personal jurisdiction need not be addressed sua sponte in contested cases
  10. Data Disc, Inc. v. Sys. Tech. Assoc., Inc.

    557 F.2d 1280 (9th Cir. 1977)   Cited 1,690 times
    Holding that a court "may not assume the truth of allegations in a pleading which are contradicted by affidavit"
  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 345,529 times   922 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,894 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  13. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 11,939 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"
  14. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,282 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
  15. Section 1957 - Engaging in monetary transactions in property derived from specified unlawful activity

    18 U.S.C. § 1957   Cited 3,259 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
  16. Section 2314 - Transportation of stolen goods, securities, moneys, fraudulent State tax stamps, or articles used in counterfeiting

    18 U.S.C. § 2314   Cited 3,063 times   22 Legal Analyses
    Criminalizing the transportation, transmission, or transfer of goods "in interstate or foreign commerce"
  17. Section 1355 - Fine, penalty or forfeiture

    28 U.S.C. § 1355   Cited 787 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over fines and penalties incurred under federal statute
  18. Section 2315 - Sale or receipt of stolen goods, securities, moneys, or fraudulent State tax stamps

    18 U.S.C. § 2315   Cited 607 times   2 Legal Analyses
    Forbidding the possession, receipt, or sale of of stolen property that has crossed state borders
  19. Section 1395 - Fine, penalty or forfeiture

    28 U.S.C. § 1395   Cited 353 times

    (a) A civil proceeding for the recovery of a pecuniary fine, penalty or forfeiture may be prosecuted in the district where it accrues or the defendant is found. (b) A civil proceeding for the forfeiture of property may be prosecuted in any district where such property is found. (c) A civil proceeding for the forfeiture of property seized outside any judicial district may be prosecuted in any district into which the property is brought. (d) A proceeding in admiralty for the enforcement of fines, penalties