§Why CasetextPricing

Bimont et al v. Unilever United States, Inc.

REPLY MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss Plaintiffs' First Amended Complaint under Federal Rules of Civil Procedure 12

45 Cited authorities

  1. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 11,111 times   15 Legal Analyses
    Holding this court may raise the issue of "statutory jurisdiction" sua sponte

  2. Duncan v. Walker

    533 U.S. 167 (2001)   Cited 5,554 times   8 Legal Analyses
    Holding that the statute of limitations is not tolled during the pendancy of a federal petition

  3. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,122 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  4. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,460 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

  5. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,446 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  6. 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

  7. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,205 times   82 Legal Analyses
    Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

  8. Corsello v. Verizon N.Y., Inc.

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 994 times
    Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

  9. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 962 times   35 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

  10. Allee v. Medrano

    416 U.S. 802 (1974)   Cited 465 times
    Holding "a named plaintiff cannot acquire standing to sue by bringing his action on behalf of others who suffered injury which would have afforded them standing had they been named plaintiffs; it bears repeating that a person cannot predicate standing on injury which he does not share."

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,536 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,813 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1345.09 - Private causes of action

    Ohio Rev. Code § 1345.09   Cited 612 times   2 Legal Analyses
    Providing for recovery of the larger of three times the amount of actual damages or $200

  14. Section 601 - Definitions

    21 U.S.C. § 601   Cited 180 times   11 Legal Analyses
    Defining "misbranded" meat product in part as one with "labeling is false or misleading in any particular"

  15. Section 4165.01 - Deceptive trade practices definitions

    Ohio Rev. Code § 4165.01   Cited 151 times

    As used in this chapter, unless the context otherwise requires: (A) "Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization. (B) "Collective mark" means a mark used by members of a cooperative

  16. Section 451 - Congressional statement of findings

    21 U.S.C. § 451   Cited 104 times   3 Legal Analyses
    In 21 U.S.C. § 451, Congress bases the entire PPIA on its finding that "[u]nwholesome, adulterated, or misbranded poultry products" hurt people and destroy markets for poultry.

  17. Section 379r - National uniformity for nonprescription drugs

    21 U.S.C. § 379r   Cited 103 times   16 Legal Analyses
    Labeling requirements for nonprescription drugs

  18. Section 8-19-10 - Private right of action

    Ala. Code § 8-19-10   Cited 81 times   1 Legal Analyses
    Providing that "a reasonable attorney's fee" may be recovered in "any successful [DTPA] action"

  19. Section 1451 - Congressional declaration of policy

    15 U.S.C. § 1451   Cited 46 times   8 Legal Analyses

    Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods. 15 U.S.C. § 1451 Pub. L. 89-755, §2, Nov. 3, 1966, 80 Stat. 1296. STATUTORY NOTES AND

  20. Section 379s - Preemption for labeling or packaging of cosmetics

    21 U.S.C. § 379s   Cited 34 times   4 Legal Analyses
    Labeling and packaging requirements for cosmetics

  21. Section 100.100 - Misleading containers

    21 C.F.R. § 100.100   Cited 44 times   13 Legal Analyses
    Defining misbranded food containers

  22. Section 701.13 - Declaration of net quantity of contents

    21 C.F.R. § 701.13   Cited 8 times   4 Legal Analyses

    (a) The label of a cosmetic in package form shall bear a declaration of the net quantity of contents. This shall be expressed in terms of weight, measure, numerical count, or a combination of numerical count and weight or measure. The statement shall be in terms of fluid measure if the cosmetic is liquid or in terms of weight if the cosmetic is solid, semisolid, or viscous, or a mixture of solid and liquid. If there is a firmly established, general consumer usage and trade custom of declaring the

  23. Section 201.62 - Declaration of net quantity of contents

    21 C.F.R. § 201.62   Cited 3 times

    (a) The label of an over-the-counter drug in package form shall bear a declaration of the net quantity of contents. This shall be expressed in the terms of weight, measure, numerical count, or a combination or numerical count and weight, measure, or size. The statement of quantity of drugs in tablet, capsule, ampule, or other unit form and the quantity of devices shall be expressed in terms of numerical count; the statement of quantity for drugs in other dosage forms shall be in terms of weight if