37 Cited authorities

  1. Gasperini v. Center for Humanities, Inc.

    518 U.S. 415 (1996)   Cited 2,386 times
    Holding that district courts have the "primary responsibility" for applying the state-law excessiveness standard because they have "the unique opportunity to consider the evidence in the living courtroom context, while appellate judges see only the cold paper record." (cleaned up)
  2. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,204 times   45 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"
  3. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,726 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues
  4. Walker v. Armco Steel Corp.

    446 U.S. 740 (1980)   Cited 884 times   2 Legal Analyses
    Holding that Oklahoma rules concerning service of process must be applied by federal courts adjudicating a dispute based on Oklahoma law
  5. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,537 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"
  6. Burlington Northern R. Co. v. Woods

    480 U.S. 1 (1987)   Cited 358 times   1 Legal Analyses
    Holding a conflict exists where, "when fairly construed, the scope of [a Rule] is ‘sufficiently broad’ to cause a ‘direct collision’ with the state law or, implicitly, to ‘control the issue’ before the court, thereby leaving no room for the operation of that law"
  7. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 706 times   7 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
  8. McLaughlin v. Tobacco Co.

    522 F.3d 215 (2d Cir. 2008)   Cited 306 times   17 Legal Analyses
    Holding that an aggregate determination that “bears little or no relationship to the amount of economic harm actually caused” violates the Rules Enabling Act
  9. Spagnola v. Chubb Corp.

    574 F.3d 64 (2d Cir. 2009)   Cited 267 times   1 Legal Analyses
    Finding no injury where plaintiff “does not claim that he did not receive adequate insurance coverage or that he did not contract for the coverage he received”
  10. Maurizio v. Goldsmith

    230 F.3d 518 (2d Cir. 2000)   Cited 328 times
    Holding that plaintiff cannot recover under GBL § 349 absent allegations that "the plaintiff has been injured"
  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,882 times   1250 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  12. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,954 times   110 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
  13. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,915 times   586 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
  14. Section 2301 - Definitions

    15 U.S.C. § 2301   Cited 2,566 times   36 Legal Analyses
    Including as consumers those entitled to enforce a warranty "under applicable State law"
  15. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,836 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
  16. Section 5106 - Fair claims settlement

    N.Y. Ins. Law § 5106   Cited 1,316 times   1 Legal Analyses

    (a) Payments of first party benefits and additional first party benefits shall be made as the loss is incurred. Such benefits are overdue if not paid within thirty days after the claimant supplies proof of the fact and amount of loss sustained. If proof is not supplied as to the entire claim, the amount which is supported by proof is overdue if not paid within thirty days after such proof is supplied. All overdue payments shall bear interest at the rate of two percent per month. If a valid claim

  17. Section 350 - False advertising unlawful

    N.Y. Gen. Bus. Law § 350   Cited 1,038 times   25 Legal Analyses
    Prohibiting false advertising
  18. Section 901 - Prerequisites to a class action

    N.Y. CPLR 901   Cited 997 times   8 Legal Analyses
    Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"
  19. Section 646.605 - Definitions for ORS 336.184 and 646.605 to 646.652

    ORS § 646.605   Cited 107 times
    Defining willfulness