85 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,247 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,185 times   364 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' "
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,799 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,657 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"
  5. Nken v. Holder

    556 U.S. 418 (2009)   Cited 3,280 times   7 Legal Analyses
    Holding that "courts must be mindful that the Government's role as the respondent in every removal proceeding does not make the public interest in each individual one negligible"
  6. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 23,789 times   1 Legal Analyses
    Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint
  7. Davis v. Fed. Election Comm'n

    554 U.S. 724 (2008)   Cited 1,218 times   6 Legal Analyses
    Holding that there was a reasonable expectation that a congressional candidate would be subject to a federal campaign finance law in the future when he "made a public statement expressing his intent" to run for the seat in the future
  8. Ferdik v. Bonzelet

    963 F.2d 1258 (9th Cir. 1992)   Cited 15,290 times
    Holding that a district court must provide the litigant with notice of the deficiencies in his complaint prior to dismissal
  9. Hemi Group, LLC v. City of New York

    559 U.S. 1 (2010)   Cited 762 times   2 Legal Analyses
    Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves
  10. Brown v. Felsen

    442 U.S. 127 (1979)   Cited 2,293 times   1 Legal Analyses
    Holding that "[r]es judicata prevents litigation of all grounds for, or defenses to, recovery that were previously available to the parties, regardless of whether they were asserted or determined in the prior proceeding."
  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 345,370 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,933 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. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,194 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  14. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 107,800 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  15. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,886 times   1233 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  16. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,759 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  17. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,817 times   315 Legal Analyses
    Prohibiting unlawful business practices
  18. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,226 times   23 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
  19. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,668 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  20. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,655 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state