§Why CasetextPricing

Bohlke v. Shearer's Foods, LLC

RESPONSE in Opposition re MOTION TO DISMISS 15 Amended Complaint FOR FAILURE TO STATE A CLAIM , and Memorandum of Law MOTION to Strike Plaintiff's Class-Action Allegations

87 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 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 280,127 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,340 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,772 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  5. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,530 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  6. Bonner v. City of Prichard

    661 F.2d 1206 (11th Cir. 1981)   Cited 16,493 times   2 Legal Analyses
    Holding that all decisions from the Fifth Circuit Court of Appeals issued prior to the close of business of September 30, 1981, are binding precedent in the Eleventh Circuit

  7. 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”

  8. Mazza v. American Honda Motor Co.

    666 F.3d 581 (9th Cir. 2012)   Cited 1,002 times   51 Legal Analyses
    Holding a class definition as fatally overbroad where many class members learned that the advertising was misleading before purchase

  9. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 974 times   36 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

  10. United States v. Western Pac. R. Co.

    352 U.S. 59 (1956)   Cited 1,480 times   3 Legal Analyses
    Holding that the Interstate Commerce Commission, not the court, should decide whether napalm gel bombs without fuses or bursters are "incendiary bombs" within the meaning of an ICC tariff

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,067 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 36,244 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 2310 - Remedies in consumer disputes

    15 U.S.C. § 2310   Cited 1,653 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)"

  14. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 1,017 times   9 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

  15. Section 501.212 - Application

    Fla. Stat. § 501.212   Cited 164 times   8 Legal Analyses
    Disallowing " claim for personal injury or death or a claim to property other than the property that is the subject of the consumer transaction."

  16. Section 672.313 - Express warranties by affirmation, promise, description, sample

    Fla. Stat. § 672.313   Cited 113 times
    Requiring that an affirmation become "part of the basis of the bargain" to create "an express warranty that the goods shall conform to the affirmation or promise"

  17. Section 500.04 - Prohibited acts

    Fla. Stat. § 500.04   Cited 7 times

    The following acts and the causing thereof within the state are prohibited: (1) The manufacture, sale or delivery, holding or offering for sale of any food that is adulterated or misbranded. (2) The adulteration or misbranding of any food. (3) The receipt in commerce of any food that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise. (4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of s. 500.12. (5)

  18. Section 500.01 - Florida Food Safety Act; short title

    Fla. Stat. § 500.01   Cited 1 times

    This chapter may be cited as the "Florida Food Safety Act." Fla. Stat. § 500.01 ss. 1, 26, ch. 19656, 1939; CGL 1940 Supp. 4151(664); s. 2, ch. 82-225; s. 1, ch. 87-388; s. 2, ch. 94-180.