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· 5/14/1996

Mark G. Epstein Samuel C. Arsers, on Behalf of Themselves & All Others Similarly Situated v. Washington Energy Co. James A. Thorpe

Citations

  • 83 F.3d 1136
  • 96 Cal. Daily Op. Serv. 3383
  • 96 Daily Journal DAR 5527
  • 1996 U.S. App. LEXIS 11214
  • 1996 WL 250439

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that in the context of a 12(b)(6) motion, “[a]ll allegations of 6 material fact are taken as true and construed in the light most favorable to Plaintiffs”
  • rejecting Section 10(b) claims 6 on the basis of “Plaintiffs[‘] assert[ions] that Defendants failed to disclose: 1
  • explaining 13 that in the context of a 12(b)(6) motion, “[a]ll allegations of material fact are taken as true and 14 construed in the light most favorable to Plaintiffs”
  • “threadbare recitals of the elements of the cause of action, supported by mere conclusory statements,” are not taken as true
  • “[C]onclusory allegations of 24 law and unwarranted inferences are insufficient to defeat a motion to dismiss for failure to state a 25 claim.”
  • “[C]onclusory allegations of law and unwarranted inferences are insufficient to defeat 8 a motion to dismiss for failure to state a claim.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Reinhardt, Trott, Schwarzer

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.