57 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. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,462 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
  4. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,439 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
  5. 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
  6. Marder v. Lopez

    450 F.3d 445 (9th Cir. 2006)   Cited 1,062 times   2 Legal Analyses
    Holding courts may consider on a motion pursuant to Federal Rule of Civil Procedure 12(b) extrinsic documents if the complaint refers to the document; the document is central to the plaintiff's claim; and no party questions the authenticity of the [document proffered]”
  7. Sprietsma v. Mercury Marine

    537 U.S. 51 (2002)   Cited 335 times   7 Legal Analyses
    Holding that the Coast Guard's decision not to regulate propeller guards did not impliedly pre-empt petitioner's tort claims
  8. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 966 times   35 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
  9. Eldridge v. Block

    832 F.2d 1132 (9th Cir. 1987)   Cited 1,994 times
    Holding that courts must liberally construe pleadings of pro se litigants
  10. Odom v. Microsoft Corp.

    486 F.3d 541 (9th Cir. 2007)   Cited 876 times
    Holding that plaintiffs had sufficiently alleged an association-in-fact enterprise of two corporations
  11. 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. . . ."
  12. 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"
  13. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,461 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  14. 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)"
  15. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 583 times   60 Legal Analyses
    Setting labeling requirements for food products
  16. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. §§ 343-1   Cited 378 times   28 Legal Analyses
    Preempting state laws that conflict, inter alia, with federal law requiring foods to indicate: the name and location of the manufacturer, as well as the weight or quantity of food contained in a package; and the percentage of fruit or vegetable juice contained in a beverage
  17. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 380 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"
  18. Section 2314 - Implied warranty: merchantability; usage of trade

    Cal. Com. Code § 2314   Cited 330 times   1 Legal Analyses
    Adopting and codifying Uniform Commercial Code § 2-314
  19. Section 700.3 - Written warranty

    16 C.F.R. § 700.3   Cited 30 times
    Stating that the MMWA “imposes specific duties and liabilities” and that certain representations that would qualify as “express warranties” under the Uniform Commercial Code are not written warranties under the MMWA