23 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Wal-Mart Stores v. Sturges
52 S.W.3d 711 (Tex. 2001) Cited 433 times 2 Legal Analyses
Holding that when two parties are competing for a business interest to which neither has superior entitlement, a cause of action for tortious interference cannot arise from merely competitive conduct, even if that conduct is "unfair"
English v. Fischer
660 S.W.2d 521 (Tex. 1983) Cited 505 times
Holding that under the terms of a similar deed of trust, the mortgagee was entitled to collect the insurance proceeds after a fire and “to apply such proceeds to the indebtedness and pay the remainder to [the mortgagor]”
M/V American Queen v. San Diego Marine Contruction Corp.
708 F.2d 1483 (9th Cir. 1983) Cited 372 times
Holding parties to an exculpatory clause where the parties' intent is clear
In re iPhone Application Litig
844 F. Supp. 2d 1040 (N.D. Cal. 2012) Cited 156 times 4 Legal Analyses
Holding that iOS devices such as iPhones are not "facilities" under the SCA
Low v. Linkedin Corporation
900 F. Supp. 2d 1010 (N.D. Cal. 2012) Cited 109 times
Holding plaintiffs satisfied Article III standing even though they had failed to allege reliance on particular representations, and even though their FAL claims were dismissed with prejudice on that basis
Fraley v. Facebook, Inc.
830 F. Supp. 2d 785 (N.D. Cal. 2011) Cited 98 times 2 Legal Analyses
Holding that mental anguish and economic injury can suffice as sufficient harms
Silicon Knights, Inc. v. Crystal Dynamics, Inc.
983 F. Supp. 1303 (N.D. Cal. 1997) Cited 110 times
Holding that "reli[ance] on general allegations of ‘loss of business opportunities’ with unidentified ‘existing and potential clients and customers’ was insufficient because plaintiff did not allege specific facts in support, for example, that "sales of a[ny] particular software ... decreased" as a result of defendant's actions"
Wehlage v. Empres Healthcare Inc.
791 F. Supp. 2d 774 (N.D. Cal. 2011) Cited 38 times
Holding that broad allegations are not sufficient to show a unity of interest and ownership
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

XimpleWare, Corp v. Versata Software, Inc. et al

23 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that when two parties are competing for a business interest to which neither has superior entitlement, a cause of action for tortious interference cannot arise from merely competitive conduct, even if that conduct is "unfair"

Holding that under the terms of a similar deed of trust, the mortgagee was entitled to collect the insurance proceeds after a fire and “to apply such proceeds to the indebtedness and pay the remainder to [the mortgagor]”

Holding parties to an exculpatory clause where the parties' intent is clear

Holding that iOS devices such as iPhones are not "facilities" under the SCA

Holding plaintiffs satisfied Article III standing even though they had failed to allege reliance on particular representations, and even though their FAL claims were dismissed with prejudice on that basis

Holding that mental anguish and economic injury can suffice as sufficient harms

Holding that broad allegations are not sufficient to show a unity of interest and ownership

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."