§Why CasetextPricing

Xiaoning et al v. Yahoo! Inc, et al

Reply Memorandum re MOTION FOR AN EARLY CASE MANAGEMENT CONFERENCE and Order

31 Cited authorities

  1. Clinton v. Jones

    520 U.S. 681 (1997)   Cited 2,694 times   4 Legal Analyses
    Holding in Section 1983 action no absolute immunity for damages arising from "unofficial conduct"

  2. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,167 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

  3. Banco Nacional de Cuba v. Sabbatino

    376 U.S. 398 (1964)   Cited 763 times   1 Legal Analyses
    Holding that the federal common law act of state doctrine precluded a federal court from considering a state law challenge to the Cuban government's expropriation of certain property

  4. DM Research, Inc. v. Coll. of Am. Pathologists

    170 F.3d 53 (1st Cir. 1999)   Cited 247 times
    Holding that discovery was not warranted at the motion to dismiss stage

  5. Telemac Corp. v. Teledigital, Inc.

    450 F. Supp. 2d 1107 (N.D. Cal. 2006)   Cited 114 times   3 Legal Analyses
    Finding that four requests for reexamination that were missing necessary elements suggested movant was taking tactical advantage of opportunities for delay

  6. Doe v. Qi

    349 F. Supp. 2d 1258 (N.D. Cal. 2004)   Cited 85 times
    Holding service sufficient when process server confronted defendant at the screening area of an airport, informed him that he had legal documents, attempted to hand them to the defendant's entourage, and stated that “you have been formally served”

  7. Xuncax v. Gramajo

    886 F. Supp. 162 (D. Mass. 1995)   Cited 98 times   1 Legal Analyses
    Holding that "[t]he international prohibition against [cruel, inhuman, or degrading treatment or punishment] appears to be no less universal than the proscriptions of official torture"

  8. Sarei v. Rio Tinto, PLC

    487 F.3d 1193 (9th Cir. 2007)   Cited 46 times   1 Legal Analyses
    Finding a foreign act prohibiting the filing of claims in foreign courts was in clear conflict with the statute vesting jurisdiction to hear such claims in the U.S.

  9. Mujica v. Occidental Petroleum Corp.

    381 F. Supp. 2d 1164 (C.D. Cal. 2005)   Cited 29 times   1 Legal Analyses
    Holding that corporations are not "individuals" under the TVPA

  10. In re South African Apartheid Litigation

    346 F. Supp. 2d 538 (S.D.N.Y. 2004)   Cited 27 times
    Finding no TVPA claim where complaint did not include allegation of individual acting under color of state law or with significant state aid

  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 345,885 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 156,205 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 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 94,988 times   653 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  14. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,772 times   141 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  15. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 33,715 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  16. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,151 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  17. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 3,506 times   13 Legal Analyses
    Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

  18. Section 367 - Real party in interest

    Cal. Code Civ. Proc. § 367   Cited 438 times   3 Legal Analyses
    Providing in part, "Every action must be prosecuted in the name of the real party in interest"

  19. Section 4121 - Requirements

    Cal. Prob. Code § 4121   Cited 18 times   2 Legal Analyses

    A power of attorney is legally sufficient if all of the following requirements are satisfied: (a) The power of attorney contains the date of its execution. (b) The power of attorney is signed either (1) by the principal or (2) in the principal's name by another adult in the principal's presence and at the principal's direction. (c) The power of attorney is either (1) acknowledged before a notary public or (2) signed by at least two witnesses who satisfy the requirements of Section 4122. Ca. Prob

  20. Section 4459 - Powers with respect to claims and litigation

    Cal. Prob. Code § 4459   Cited 5 times
    Providing an agent similar authority