§Why CasetextPricing

Yue v. Chordiant Software, Inc., et al

MOTION to Dismiss for lack of subject jurisdiction and MOTION for failure to state a claim and MOTION to Strike for Attorneys Fees and MOTION TO dismiss plaintiff's claims as a matter of law and Memorandum of Points and Authorities In Support thereof.

49 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,949 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' "

  2. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 55,265 times   7 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons

  3. Caterpillar Inc. v. Williams

    482 U.S. 386 (1987)   Cited 11,319 times   7 Legal Analyses
    Holding that the rule that a federal defense does not suffice to show that a claim arises under federal law applies "even if the defense is anticipated in the plaintiff's complaint, and even if both parties concede that the federal defense is the only question truly at issue"

  4. Rowland v. California Men's Colony

    506 U.S. 194 (1993)   Cited 3,243 times   4 Legal Analyses
    Holding that the rule that corporations must be represented by licensed counsel "applies equally to all artificial entities"

  5. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,090 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  6. Elevator Antitrust v. United Tech

    502 F.3d 47 (2d Cir. 2007)   Cited 807 times   3 Legal Analyses
    Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”

  7. Gully v. First Nat. Bank

    299 U.S. 109 (1936)   Cited 2,698 times   1 Legal Analyses
    Holding that the federal controversy cannot be "merely a possible or conjectural one"

  8. Lattanzio v. Comta

    481 F.3d 137 (2d Cir. 2007)   Cited 570 times
    Holding that "a limited liability company ... may appear in federal court only through a licensed attorney"

  9. U.S. v. High Country Broadcasting Co., Inc.

    3 F.3d 1244 (9th Cir. 1993)   Cited 582 times
    Holding that it was "perfectly appropriate" for the district court to enter default judgment against a corporation that failed to appear in the action

  10. Weisbuch v. County of Los Angeles

    119 F.3d 778 (9th Cir. 1997)   Cited 501 times
    Holding that a policymaker's mere refusal to overrule a subordinate's completed act does not constitute approval

  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 348,503 times   930 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 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,214 times   35 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

  13. Section 1654 - Appearance personally or by counsel

    28 U.S.C. § 1654   Cited 4,872 times   11 Legal Analyses
    Granting defendants in federal cases the statutory right to self-representation

  14. Section 410 - Registration of claim and issuance of certificate

    17 U.S.C. § 410   Cited 1,503 times   12 Legal Analyses
    Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

  15. Section 411 - Registration and civil infringement actions

    17 U.S.C. § 411   Cited 1,488 times   134 Legal Analyses
    In § 411(a)'s first sentence, "registration" would mean the claimant's act of filing an application, while in the section's second sentence, "registration" would entail the Register's review of an application.

  16. Section 412 - Registration as prerequisite to certain remedies for infringement

    17 U.S.C. § 412   Cited 641 times   23 Legal Analyses
    Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication

  17. Section 1359 - Parties collusively joined or made

    28 U.S.C. § 1359   Cited 541 times
    Prohibiting collusive creation of federal jurisdiction, but not prohibiting collusive destruction of jurisdiction