§Why CasetextPricing

Colucci et al v. ZonePerfect Nutrition Company

MOTION to Certify Class ; Memorandum of Points and Authorities In Support

70 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,683 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,989 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval

  3. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,698 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23

  4. Eisen v. Carlisle Jacquelin

    417 U.S. 156 (1974)   Cited 3,766 times   22 Legal Analyses
    Holding that individual notice to class members identifiable through reasonable efforts is mandatory in (b) actions

  5. Coopers Lybrand v. Livesay

    437 U.S. 463 (1978)   Cited 2,818 times   32 Legal Analyses
    Holding interlocutory orders appealable if they: "conclusively determine the disputed question, resolve an important issue completely separate from the merits of the action, and be effectively unreviewable on appeal from a final judgment."

  6. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,791 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”

  7. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,508 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  8. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,067 times   16 Legal Analyses
    Holding that " common nucleus of facts and potential legal remedies dominate[d]" over "idiosyncratic differences between state consumer protection laws" where a nationwide class of minivan buyers’ claims turned on "questions of [the manufacturer’s] prior knowledge of the [vehicle’s] deficiency, the design defect, and a damages remedy"

  9. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,567 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  10. Staton v. Boeing Co.

    327 F.3d 938 (9th Cir. 2003)   Cited 1,938 times   6 Legal Analyses
    Holding that "named plaintiffs ... are eligible for reasonable incentive payments" in addition to reimbursement "for their substantiated litigation expenses, and identifiable services rendered to the class directly under the supervision of class counsel"

  11. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,135 times   1237 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"

  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,250 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  13. Rule 30 - Depositions by Oral Examination

    Fed. R. Civ. P. 30   Cited 16,229 times   128 Legal Analyses
    Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

  14. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,430 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

  15. Section 1770 - [Operative 7/1/2024]

    Cal. Civ. Code § 1770   Cited 699 times   2 Legal Analyses
    Prohibiting "unfair or deceptive acts or practices"

  16. Section 343 - Misbranded food

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

  17. Section 3 - No part retroactive

    Cal. Civ. Code § 3   Cited 216 times   1 Legal Analyses
    In section 3(b), titled "Enforcement by Lien," the GCC & R's provide: "There is hereby created a claim of lien, with power of sale, on the Golf Course Property to secure payment to the Association [ (BCMA) ] of any and all Assessments levied against any and all owners of the Golf Course Property pursuant to this Declaration...."

  18. Section 110100 - Federal food labeling regulations

    Cal. Health & Saf. Code § 110100   Cited 105 times
    Incorporating "[a]ll [federal] food labeling regulations and any amendments to those regulations"

  19. Section 110660 - Misbranded food

    Cal. Health & Saf. Code § 110660   Cited 38 times

    Any food is misbranded if its labeling is false or misleading in any particular. Ca. Health and Saf. Code § 110660 Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

  20. Section 172.515 - Synthetic flavoring substances and adjuvants

    21 C.F.R. § 172.515   Cited 12 times   1 Legal Analyses

    Synthetic flavoring substances and adjuvants may be safely used in food in accordance with the following conditions. (a) They are used in the minimum quantity required to produce their intended effect, and otherwise in accordance with all the principles of good manufacturing practice. (b) They consist of one or more of the following, used alone or in combination with flavoring substances and adjuvants generally recognized as safe in food, prior-sanctioned for such use, or regulated by an appropriate

  21. Section 205.605 - Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products labeled as "organic" or "made with organic (specified ingredients or food group(s))."

    7 C.F.R. § 205.605   Cited 5 times

    The following nonagricultural substances may be used as ingredients in or on processed products labeled as "organic" or "made with organic (specified ingredients or food group(s))" only in accordance with any restrictions specified in this section. (a)Nonsynthetics allowed. (1) Acids (Citric-produced by microbial fermentation of carbohydrate substances; and Lactic). (2) Agar-agar. (3) Animal enzymes-(Rennet-animals derived; Catalase-bovine liver; Animal lipase; Pancreatin; Pepsin; and Trypsin). (4)

  22. Section 182.3890 - Tocopherols

    21 C.F.R. § 182.3890   Cited 1 times

    (a)Product. Tocopherols. (b)Conditions of use. This substance is generally recognized as safe when used in accordance with good manufacturing practice. 21 C.F.R. § 182.3890

  23. Section 182.3013 - Ascorbic acid

    21 C.F.R. § 182.3013   Cited 1 times
    Defining “ascorbic acid” as a “Chemical Preservative,” which is “generally recognized as safe when used in accordance with good manufacturing practice”

  24. Section 184.1890 - [ALPHA]-Tocopherols

    21 C.F.R. § 184.1890

    (a) The [ALPHA]-tocopherols that are the subject of this GRAS affirmation regulation are limited to the following: (1)d -[ALPHA]-Tocopherol (CAS Reg. No. 59-02-9) is the chemical [2R,4'R,8'R]-2,5,7,8-tetramethyl-2-(4',8',12'-trimethyl-tridecyl)-6-chromanol. It occurs commercially as a concentrate and is a red, nearly odorless, viscous oil. It is obtained by vacuum steam distillation of edible vegetable oil products. (2)dl -[ALPHA]-Tocopherol (CAS Reg. No. 10191-41-0) is a mixture of stereoisomers

  25. Section 172.866 - Synthetic glycerin produced by the hydrogenolysis of carbohydrates

    21 C.F.R. § 172.866

    Synthetic glycerin produced by the hydrogenolysis of carbohydrates may be safely used in food, subject to the provisions of this section: (a) It shall contain not in excess of 0.2 percent by weight of a mixture of butanetriols. (b) It is used or intended for use in an amount not to exceed that reasonably required to produce its intended effect. 21 C.F.R. §172.866

  26. Section 184.1676 - Pyridoxine hydrochloride

    21 C.F.R. § 184.1676

    (a) Pyridoxine hydrochloride (C8H11NO3·HCl, CAS Reg. No. 58-56-0) is the chemical 3-hydroxy-4,5-dihydroxymethy-2-methylpyridine hydrochloride that is prepared by chemical synthesis. (b) The ingredient meets the specifications of the Food Chemicals Codex, 3d Ed. (1981), p. 260, which is incorporated by reference. Copies are available from the National Academy Press, 2101 Constitution Ave. NW., Washington, DC 20418, or available for inspection at the National Archives and Records Administration (NARA)

  27. Section 184.1212 - Calcium pantothenate

    21 C.F.R. § 184.1212

    (a) Calcium pantothenate ((C9H16NO5)2Ca, CAS Reg. No. of the D-isomer, 137-08-6) is a salt of pantothenic acid, one of the vitamins of the B complex. Only the D-isomer of pantothenic acid has vitamin activity, although both the D-isomer and the DL-racemic mixture of calcium pantothenate are used in food. Commercial calcium pantothenate is prepared synthetically from isobutyraldehyde and formaldehyde via 1,1-dimethyl-2-hydroxy-propionaldehyde and pantolactone. (b) Calcium pantothenate meets the specifications

  28. Section 178.3500 - Glycerin, synthetic

    21 C.F.R. § 178.3500

    Synthetic glycerin may be safely used as a component of articles intended for use in packaging materials for food, subject to the provisions of this section: (a) It is produced by the hydrogenolysis of carbohydrates, and shall contain not in excess of 0.2 percent by weight of a mixture of butanetriols. (b) It is used in a quantity not to exceed that amount reasonably required to produce its intended physical or technical effect, and in accordance with any limitations prescribed by applicable regulations

  29. Section 172.842 - Sorbitan monostearate

    21 C.F.R. § 172.842

    The food additive sorbitan monostearate, which is a mixture of partial stearic and palmitic acid esters of sorbitol anhydrides, may be safely used in or on food in accordance with the following prescribed conditions: (a) The food additive is manufactured by reacting stearic acid (usually containing associated fatty acids, chiefly palmitic) with sorbitol to yield essentially a mixture of esters. (b) The food additive meets the following specifications: Saponification number, 147-157 Acid number, 5-10