§Why CasetextPricing

Yue v. Chordiant Software, Inc., et al

Reply Memorandum re MOTION to Dismiss and Strike and Memorandum of Points and Authorities In Support of Defendants' Rule 12

26 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,563 times   364 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. Caterpillar Inc. v. Williams

    482 U.S. 386 (1987)   Cited 11,188 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"

  3. McNeil v. United States

    508 U.S. 106 (1993)   Cited 6,676 times
    Holding that an action must be dismissed when statutory exhaustion requirement was not met until after action was filed

  4. Marder v. Lopez

    450 F.3d 445 (9th Cir. 2006)   Cited 1,008 times   2 Legal Analyses
    Holding courts may consider on a motion pursuant to Federal Rule of Civil Procedure 12(b) extrinsic documents if the complaint refers to the document; the document is central to the plaintiff's claim; and no party questions the authenticity of the [document proffered]”

  5. Graham-Humphreys v. Memphis Brooks Museum

    209 F.3d 552 (6th Cir. 2000)   Cited 1,180 times
    Holding that the ninety day statute of limitations begins running on the fifth day following the EEOC's mailing of the right to sue notification

  6. A M Records, Inc. v. Napster, Inc.

    239 F.3d 1004 (9th Cir. 2001)   Cited 734 times   9 Legal Analyses
    Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

  7. Softel, Inc. v. Dragon Med. Scien. Comm

    118 F.3d 955 (2d Cir. 1997)   Cited 538 times   4 Legal Analyses
    Holding third Outley factor favored exclusion of untimely expert report offered by plaintiff where "the excluded testimony was expert testimony" and any differences between the parties' expert opinions "would have redrawn the boundaries of the case and almost certainly have prejudiced [the defendant's] ability to meet [the plaintiff's] attack"

  8. MAI Systems Corp. v. Peak Computer, Inc.

    991 F.2d 511 (9th Cir. 1993)   Cited 511 times   5 Legal Analyses
    Holding that unlicensed "copying" occurred when copyrighted software was transferred from a storage device to a computer in the United States

  9. Silvers v. Sony Pictures Entertainment, Inc.

    402 F.3d 881 (9th Cir. 2005)   Cited 213 times   6 Legal Analyses
    Holding that, under § 501, only a party with an ownership interest has standing to sue

  10. Johnson v. Jones

    149 F.3d 494 (6th Cir. 1998)   Cited 252 times
    Holding that a court should not award damages that are "wholly speculative"

  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 344,659 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss