Case Citator › Marilyn Miller v. Rykoff-Sexton, Inc., and Atlas Hotels, Inc.

Marilyn Miller v. Rykoff-Sexton, Inc., and Atlas Hotels, Inc.

Is it still good law? What later courts have actually done to this case.

Abrogated
Court
Ninth Circuit
Citation
845 F.2d 209
Decided
Confirmed treatments
1
Flagged citations read
92 of 92
Citing cases (total)
461
Treatment dates
2009
Abrogated
A reviewed court treats this case as abrogated by later authority. Marilyn Miller v. Rykoff-Sexton, Inc., and Atlas Hotels, Inc. was abrogated as to its former “no set of facts” pleading standard. All 92 flagged citations have been read.
More on how this was screened

Ashcroft v. Iqbal required a plausible claim, displacing that part of Miller's Rule 15 futility analysis; Pratt v. Hawai'i identifies the conflict. Miller's separate Rule 51 preservation holding remains unaffected. The partial abrogation is listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

461 later cases cite Marilyn Miller v. Rykoff-Sexton, Inc., and Atlas Hotels, Inc.; 92 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Marilyn Miller v. Rykoff-Sexton, Inc., and Atlas Hotels, Inc.?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Abrogated

  • Iqbal's plausibility standard displaced Miller's former “no set of facts” test for pleading sufficiency.

    Ashcroft v. Iqbal · Supreme Court of the United States · filed

    To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to “state a claim to relief that is plausible on its face.”
    Read the full opinion on CourtListener →

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