§Why CasetextPricing

Chacanaca et al v. The Quaker Oats Company

Reply in Support of Defendant's Motion for Judgment on the Pleadings re

44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,020 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  4. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,419 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"

  5. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,434 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

  6. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,404 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. Altria Grp., Inc. v. Good

    555 U.S. 70 (2008)   Cited 639 times   9 Legal Analyses
    Holding that federal law did not preempt common-law fraud claim against cigarette manufacturer based on advertising of light cigarettes

  8. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,273 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  9. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 550 times   11 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision

  10. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,433 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,341 times   321 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  13. Section 1116 - Injunctive relief

    15 U.S.C. § 1116   Cited 2,734 times   29 Legal Analyses
    Granting district courts the "power to grant injunctions, according to principles of equity . . ., to prevent the violation of any right" of the trademark owner

  14. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 570 times   59 Legal Analyses
    Setting labeling requirements for food products

  15. Section 1118 - Destruction of infringing articles

    15 U.S.C. § 1118   Cited 451 times   1 Legal Analyses

    In any action arising under this chapter, in which a violation of any right of the registrant of a mark registered in the Patent and Trademark Office, a violation under section 1125(a) of this title, or a willful violation under section 1125(c) of this title, shall have been established, the court may order that all labels, signs, prints, packages, wrappers, receptacles, and advertisements in the possession of the defendant, bearing the registered mark or, in the case of a violation of section 1125(a)

  16. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 365 times   26 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 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 166 times   10 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.

  18. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 140 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling

  19. Section 100.1 - Petitions requesting exemption from preemption for State or local requirements

    21 C.F.R. § 100.1   Cited 104 times   1 Legal Analyses
    Explaining the meaning of "not identical"

  20. 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"

  21. Section 101.62 - Nutrient content claims for fat, fatty acid, and cholesterol content of foods

    21 C.F.R. § 101.62   Cited 25 times   4 Legal Analyses

    (a)General requirements. A claim about the level of fat, fatty acid, and cholesterol in a food may only be made on the label or in the labeling of foods if: (1) The claim uses one of the terms defined in this section in accordance with the definition for that term; (2) The claim is made in accordance with the general requirements for nutrient content claims in § 101.13 ; (3) The food for which the claim is made is labeled in accordance with § 101.9 , § 101.10 , or § 101.36 , as applicable; and (4)