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Wimo Labs LLC v. eBay Inc et al

Opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Fifth Cause of Action of the First Amended Complaint Pursuant to Rule 12

46 Cited authorities

  1. 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

  2. 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' "

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 62,210 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. Boyle v. United States

    556 U.S. 938 (2009)   Cited 1,144 times   9 Legal Analyses
    Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

  5. Reves v. Ernst Young

    507 U.S. 170 (1993)   Cited 1,418 times   1 Legal Analyses
    Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

  6. Hemi Group, LLC v. City of New York

    559 U.S. 1 (2010)   Cited 765 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

  7. Cedric Kushner Promotions, Ltd. v. King

    533 U.S. 158 (2001)   Cited 736 times   5 Legal Analyses
    Holding person who is a corporate owner or employee is distinct from the corporation itself

  8. In re Insurance Brokerage Antitrust Litigation

    618 F.3d 300 (3d Cir. 2010)   Cited 1,467 times   4 Legal Analyses
    Holding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker

  9. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,306 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  10. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 853 times   2 Legal Analyses
    Holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant's fraudulently procured contracts were invalid

  11. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,946 times   60 Legal Analyses
    Specifying prohibited activities

  12. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,989 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  13. 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"

  14. Section 2320 - Trafficking in counterfeit goods or services

    18 U.S.C. § 2320   Cited 432 times   11 Legal Analyses
    Referencing counterfeiting

  15. Section 2319 - Criminal infringement of a copyright

    18 U.S.C. § 2319   Cited 165 times   7 Legal Analyses
    Relating to criminal infringement of a copyright