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Bowring v. Sapporo U.S.A., Inc.

MEMORANDUM in Opposition re Notice of MOTION to Dismiss the Amended Complaint

67 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. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,588 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  4. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,479 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. Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC

    797 F.3d 160 (2d Cir. 2015)   Cited 1,027 times   4 Legal Analyses
    Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”

  6. Glob. Network Commc'ns v. City of N.Y

    458 F.3d 150 (2d Cir. 2006)   Cited 1,356 times
    Holding that courts may consider extrinsic documents when deciding a motion to dismiss where “the incorporated material is a contract or other legal document containing obligations upon which the plaintiff's complaint stands or falls, but which for some reason-usually because the document, read in its entirety would undermine the legitimacy of the plaintiff's claim-was not attached to the complaint”

  7. 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"

  8. 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"

  9. Goldman v. Belden

    754 F.2d 1059 (2d Cir. 1985)   Cited 1,686 times   1 Legal Analyses
    Holding Rule 12(b) consideration of documents attached to defendants' motion to dismiss improper

  10. Suez Equity Investors, L.P. v. Toronto-Dominion Bank

    250 F.3d 87 (2d Cir. 2001)   Cited 565 times   1 Legal Analyses
    Holding that the scienter of an agent of a corporate defendant is attributable to the corporation as a primary violator of § 10(b) and Rule 10b-5

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,946 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. 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. . . ."

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,811 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,889 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  15. 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"

  16. Section 350 - False advertising unlawful

    N.Y. Gen. Bus. Law § 350   Cited 1,038 times   25 Legal Analyses
    Prohibiting false advertising

  17. Section 205 - Unfair competition and unlawful practices

    27 U.S.C. § 205   Cited 120 times   11 Legal Analyses
    Prohibiting exclusivity agreements between wholesalers and retailers

  18. Section 201 - Short title

    27 U.S.C. § 201   Cited 100 times   3 Legal Analyses
    Referring generally to intoxicating liquor with respect to its interstate commerce nature.

  19. Section 350-D - Civil penalty

    N.Y. Gen. Bus. Law § 350-D   Cited 37 times   3 Legal Analyses

    (a) Any person, firm, corporation or association or agent or employee thereof who engages in any of the acts or practices stated in this article to be unlawful shall be liable to a civil penalty of not more than five thousand dollars for each violation, which shall accrue to the state of New York and may be recovered in a civil action brought by the attorney general. In any such action it shall be a complete defense that the advertisement is subject to and complies with the rules and regulations

  20. Section 7.29 - Personalized labels

    27 C.F.R. § 7.29   Cited 6 times

    (a)General. Applicants for label approval may obtain permission from TTB to make certain changes in order to personalize labels without having to resubmit labels for TTB approval. A personalized label is an alcohol beverage label that meets the minimum mandatory label requirements and is customized for customers. Personalized labels may contain a personal message, picture, or other artwork that is specific to the consumer who is purchasing the product. For example, a brewer may offer individual or

  21. Section 134.11 - Country of origin marking required

    19 C.F.R. § 134.11   Cited 5 times
    Requiring "that every article of foreign origin (or its container) imported into the United States shall be marked in a conspicuous place . . . to indicate to an ultimate purchaser . . . the country of origin"

  22. Section 7.24 - Certificates of label approval (COLAs) for malt beverages imported in containers

    27 C.F.R. § 7.24   Cited 2 times

    (a)Application requirement. Any person removing malt beverages in containers from customs custody for consumption must first apply for and obtain a certificate of label approval (COLA) covering the malt beverages from the appropriate TTB officer, or obtain authorization to use the COLA from the person to whom the COLA is issued. (b)Release of malt beverages from customs custody. Malt beverages, imported in containers, are not eligible for release from customs custody for consumption, and no person

  23. Section 7.25 - Rules regarding certificates of label approval (COLAs) for malt beverages imported in containers

    27 C.F.R. § 7.25   Cited 1 times

    (a)What a COLA authorizes. An approved TTB Form 5100.31 authorizes the use of the labels covered by the certificate of label approval (COLA) on containers of malt beverages, as long as the container bears labels identical to the labels appearing on the face of the COLA, or labels with changes authorized by the form or otherwise authorized by TTB (such as through the issuance of public guidance available on the TTB website at https://www.ttb.gov ). (b)When to obtain a COLA. The COLA must be obtained

  24. Section 7.22 - Rules regarding certificates of label approval (COLAs) for malt beverages bottled in the United States

    27 C.F.R. § 7.22   Cited 1 times
    Requiring name, class, name and address of permit holder, net contents and alcohol content

  25. Section 7.54 - Visibility of mandatory information

    27 C.F.R. § 7.54

    Mandatory information on a label must be readily visible and may not be covered or obscured in whole or in part. See § 7.62 for rules regarding packaging of containers (including cartons, coverings, and cases). See subpart N of this part for regulations pertaining to advertising materials. 27 C.F.R. §7.54 T.D. 6521, 25 FR 13859, Dec. 29, 1960, as amended by T.D. ATF-180, 49 FR 31675, Aug. 8, 1984; T.D. ATF 280, 54 FR 3594, Jan. 25, 1989; T.D. ATF-339, 58 FR 21232, Apr. 19, 1993; TTB T.D.-1, 68 FR