Ashcroft v. Iqbal

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Bell Atl. Corp. v. Twombly

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' "

Vess v. Ciba-Geigy Corp. USA

Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

Cafasso v. General Dynamics C4 Systems

Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

Kearns v. Ford Motor Co.

Holding that circumstances constituting fraud must be stated with particularity

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

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"

Korea Supply Co. v. Lockheed Martin Corp.

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

Mazza v. American Honda Motor Co.

Holding that false advertising "class must be defined in such a way as to include only members who were exposed to advertising that is alleged to be materially misleading"

In re Glenfed, Inc. Securities Litigation

Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

Etoll, Inc. v. Elias/Savion Advertising, Inc.

Holding plaintiff's fraud claims were barred by gist of the action doctrine because the acts "arose in the course of the parties' contractual relationship" and "the fraud claims [were] inextricably intertwined with the contract claims"

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 9 - Pleading Special Matters

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

Section 17200 - Unfair competition defined

Prohibiting unlawful business practices

Section 349 - Deceptive acts and practices unlawful

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"

Section 1750 - Title of act

Section 815 ILCS 505/1

Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"

Section 17.50 - Relief for Consumers

Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty

Section 93A:2 - Unfair practices; legislative intent; rules and regulations

Granting Massachusetts attorney general the authority to make rules and regulations interpreting section 2