101 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,589 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,823 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,630 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
  4. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,432 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  5. Morales v. Trans World Airlines, Inc.

    504 U.S. 374 (1992)   Cited 1,743 times   11 Legal Analyses
    Holding that guidelines on airfare advertising were "related to" the rates, routes, or services of an air carrier given that every guideline makes "express reference to [air]fares"
  6. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,227 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
  7. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,593 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail
  8. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,334 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  9. Mazza v. American Honda Motor Co.

    666 F.3d 581 (9th Cir. 2012)   Cited 996 times   51 Legal Analyses
    Holding a class definition as fatally overbroad where many class members learned that the advertising was misleading before purchase
  10. 389 Orange Street Partners v. Arnold

    179 F.3d 656 (9th Cir. 1999)   Cited 1,491 times   1 Legal Analyses
    Holding that "vague claims" cannot generate a factual dispute "adequate to defeat summary judgment"
  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 357,946 times   950 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 162,144 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,995 times   62 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  14. Section 2202 - Further relief

    28 U.S.C. § 2202   Cited 2,624 times
    Permitting court to issue "[f]urther necessary or proper relief based on a declaratory judgment"
  15. Section 2310 - Remedies in consumer disputes

    15 U.S.C. § 2310   Cited 1,642 times   10 Legal Analyses
    Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"
  16. Section 1793.2 - [Effective Until 1/1/2025] Service and repair facilities

    Cal. Civ. Code § 1793.2   Cited 508 times   2 Legal Analyses
    Allowing the buyer to "elect restitution in lieu of replacement"
  17. Section 1792 - Sale accompanied by retail seller's implied warranty that goods merchantable; indemnification of retail seller

    Cal. Civ. Code § 1792   Cited 290 times   1 Legal Analyses
    Providing implied warranty applies to "every sale of consumer goods that are sold at retail in this state"
  18. Section 2725 - Statute of limitations in contracts for sale

    Cal. Com. Code § 2725   Cited 147 times
    Providing four-year limitations period for breach of express warranty claims
  19. Section 26-1-2-314 - Implied warranty; merchantability; usage of trade

    Ind. Code § 26-1-2-314   Cited 90 times

    (1) Unless excluded or modified (IC 26-1-2-316), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. (2) Goods to be merchantable must at least be such as: (a) pass without objection in the trade under the contract description; and (b) in the case of fungible goods, are of fair, average

  20. Section 24-5-0.5-2 - Definitions

    Ind. Code § 24-5-0.5-2   Cited 78 times   1 Legal Analyses
    Defining cure