33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,718 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,388 times   367 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. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,789 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
  4. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,894 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
  5. Daniels-Hall v. National Educ. Ass'n

    629 F.3d 992 (9th Cir. 2010)   Cited 2,118 times   3 Legal Analyses
    Holding information made publicly available on official government websites appropriate for judicial notice
  6. Clegg v. Cult Awareness Network

    18 F.3d 752 (9th Cir. 1994)   Cited 1,856 times
    Holding that a national organization was not sufficiently connected to a "place" open to the public
  7. Sanders v. Brown

    504 F.3d 903 (9th Cir. 2007)   Cited 602 times   1 Legal Analyses
    Concluding that in Hoover, the Supreme Court established that "the Midcal test does not apply to sovereign state acts, which are immune from antitrust liability so long as they [are not pre-empted due to their having] authoriz[ed] per se illegal activities"
  8. Ruiz v. Bally Total Fitness

    496 F.3d 1 (1st Cir. 2007)   Cited 546 times
    Explaining that we "are not free to disregard the plain language of a statute and, instead, conjure up legislative purposes and intent out of thin air"
  9. United Truck Leasing Corp. v. Geltman

    406 Mass. 811 (Mass. 1990)   Cited 271 times
    Holding that defendant's motives in benefiting his customers and himself financially did not constitute improper interference
  10. Cumis Insurance Society, Inc. v. BJ's Wholesale Club, Inc.

    455 Mass. 458 (Mass. 2009)   Cited 149 times   1 Legal Analyses
    Holding that intentional misrepresentation plaintiff must establish he “ reasonably relied on the representation as true”
  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 350,190 times   936 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 158,445 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."