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Atik et al v. Welch Foods, Inc. et al

MEMORANDUM in Opposition re Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction

92 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,798 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  3. County of Riverside v. McLaughlin

    500 U.S. 44 (1991)   Cited 1,800 times   11 Legal Analyses
    Holding that detentions of more than 48 hours without a judicial determination of probable cause are presumptively unconstitutional

  4. Johnson v. California

    543 U.S. 499 (2005)   Cited 835 times   4 Legal Analyses
    Holding that "express racial classifications" remain subject to strict scrutiny even in the prison context

  5. Reiter v. Cooper

    507 U.S. 258 (1993)   Cited 734 times   3 Legal Analyses
    Holding district court has discretion “either to retain jurisdiction or ... to dismiss the case”

  6. Gratz v. Bollinger

    539 U.S. 244 (2003)   Cited 454 times   17 Legal Analyses
    Holding that a potential applicant had standing to challenge a school's admissions policies because his credentials were "in the qualified range"

  7. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 971 times   36 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

  8. Armstrong v. Davis

    275 F.3d 849 (9th Cir. 2001)   Cited 760 times   3 Legal Analyses
    Holding that " Garrett makes clear that . . . there is no barrier to the injunction against Nielson in his official capacity as Secretary of the Board [under the ADA]."

  9. Robidoux v. Celani

    987 F.2d 931 (2d Cir. 1993)   Cited 914 times   2 Legal Analyses
    Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"

  10. Fink v. Time Warner Cable

    714 F.3d 739 (2d Cir. 2013)   Cited 437 times   9 Legal Analyses
    Holding that plaintiffs' claims "lack the facial plausibility necessary to survive a motion to dismiss" and that "[i]t is well settled that a court may determine as a matter of law that an allegedly deceptive advertisement would not have misled a reasonable consumer"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,225 times   1254 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"

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,405 times   316 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,985 times   112 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"

  15. Section 350 - False advertising unlawful

    N.Y. Gen. Bus. Law § 350   Cited 1,048 times   27 Legal Analyses
    Prohibiting false advertising

  16. Section 2A:14-1 - 6 years

    N.J. Stat. § 2A:14-1   Cited 961 times   12 Legal Analyses
    Providing that the statute of limitations for unjust enrichment claims in New Jersey is six years

  17. Section 2305.07 - Contract not in writing; statutory liability; consumer transactions

    Ohio Rev. Code § 2305.07   Cited 433 times   3 Legal Analyses
    Excepting contracts of sale from the limitations period applicable to oral contracts

  18. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 384 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"

  19. Section 600.5813 - Other personal actions

    Mich. Comp. Laws § 600.5813   Cited 352 times
    Requiring that actions for innocent and negligent misrepresentation be brought within six years from the date the claim accrues

  20. Section 2-313 - Express Warranties by Affirmation, Promise, Description, Sample

    N.Y. U.C.C. Law § 2-313   Cited 305 times
    Defining express warranties

  21. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 171 times   11 Legal Analyses
    In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.

  22. Section 102.5 - General principles

    21 C.F.R. § 102.5   Cited 72 times   7 Legal Analyses
    Providing that the “common or usual name” of a food or beverage must identify “in as simple and direct terms as possible, the basic nature of the food or its characterizing properties or ingredients” and must “be uniform among all identical or similar products”

  23. Section 101.54 - Nutrient content claims for "good source," "high," "more," and "high potency."

    21 C.F.R. § 101.54   Cited 59 times   3 Legal Analyses
    Defining "contains"

  24. Section 104.20 - Statement of purpose

    21 C.F.R. § 104.20   Cited 11 times   4 Legal Analyses
    Listing regulated fortification nutrients, which does not include any food ingredients