§Why CasetextPricing

Upper Branch Productions, Inc. v. InnerWorkings, Inc. et al

Opposition in opposition re: MOTION to Dismiss First Amended Complaint 22

45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,785 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. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,804 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  3. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,613 times   23 Legal Analyses
    Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

  4. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,554 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  5. Feltner v. Columbia Pictures Television, Inc.

    523 U.S. 340 (1998)   Cited 442 times   4 Legal Analyses
    Holding that the Seventh Amendment includes a right to a jury determination of statutory damages under § 504(c) of the Copyright Act, but not addressing the fact that the Act limits damages to amounts between $500 and $20,000

  6. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,712 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

  7. Bancroft Masters, Inc., v. Augusta National

    223 F.3d 1082 (9th Cir. 2000)   Cited 1,220 times
    Holding that California had personal jurisdiction over declaratory judgment defendant because of defendant's challenge to plaintiff's registration for its domain name, which challenge was filed with an agency located in Virginia but affected the plaintiff's ability to use the domain name in California

  8. Wool v. Tandem Computers Inc.

    818 F.2d 1433 (9th Cir. 1987)   Cited 2,035 times   2 Legal Analyses
    Holding district court could, at pleading stage, "presume" corporate officers who had "direct involvement . . . in [corporation's] financial statements" were responsible for misleading information contained in corporation's prospectus

  9. Dole Food Co. v. Watts

    303 F.3d 1104 (9th Cir. 2002)   Cited 1,063 times   1 Legal Analyses
    Holding that because purposeful direction was established, it was "obvious" that the second prong of the minimum contacts test was also satisfied

  10. Yahoo! Inc. v. La Ligue Contre Le Racisme et L'Antisemitisme

    433 F.3d 1199 (9th Cir. 2006)   Cited 917 times
    Holding that the purposeful direction test considers all of a defendant's contacts with the forum, "whether or not those contacts involve wrongful activity by the defendant"

  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 344,855 times   920 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,692 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,251 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  15. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,729 times   107 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

  16. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,154 times   26 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

  17. Section 410.10 - Generally

    Cal. Code Civ. Proc. § 410.10   Cited 1,318 times   1 Legal Analyses
    Allowing for jurisdiction over non-residents coextensive with due process requirements

  18. Section 204 - Execution of transfers of copyright ownership

    17 U.S.C. § 204   Cited 488 times   15 Legal Analyses
    Requiring that a transfer of copyright ownership must be made in a signed writing