50 Cited authorities

In re Porsche Cars North America, Inc. Plastic Coolant Tubes Prods. Liab. Litig.
880 F. Supp. 2d 801 (S.D. Ohio 2012) Cited 154 times
Finding the plaintiff plausibly stated a claim for breach of implied warranty in tort where the plaintiff alleged that the defective coolant tubes could cause sudden engine failure while traveling at high speeds
Harris Group v. Robinson
209 P.3d 1188 (Colo. App. 2009) Cited 119 times
Holding that unjust enrichment is an equitable remedy that is not available where there is “a plain, speedy, and adequate remedy at law”
Orwick v. Seattle
103 Wn. 2d 249 (Wash. 1984) Cited 226 times
Finding that the superior court had jurisdiction to grant equitable relief where the petitioners alleged that there were system-wide violations of mandatory statutory requirements by a municipal court
Weiper v. W.A. Hill Assoc
104 Ohio App. 3d 250 (Ohio Ct. App. 1995) Cited 153 times
Finding that the comment that the plaintiff would be making "a lot of money for the company for a long time to come" was not sufficient to establish a promise of continued employment
McCabe v. American Honda Motor Co.
100 Cal.App.4th 1111 (Cal. Ct. App. 2002) Cited 117 times 2 Legal Analyses
Finding that the consumer-expectations test could be used to determine whether an airbag was defectively designed
Paschall's, Inc. v. Dozier
219 Tenn. 45 (Tenn. 1966) Cited 316 times
In Paschall's, however, the court emphasized that recovery was not available in every such situation, as each case had to be decided “according to the essential elements of quasi-contract.” Id.
American Honda Motor v. Motorcycle Info. Network
390 F. Supp. 2d 1170 (M.D. Fla. 2005) Cited 98 times
Holding that a fraud claim was not entirely dependent upon a claim brought pursuant to the Florida Uniform Trade Secrets Act, where the fraud claim also contained unique allegations "that the [counterclaim defendant] intentionally induced the [counterclaim plaintiffs] to abstain from contracting with other business entities with respect to the system"
Ockey v. Lehmer
2008 UT 37 (Utah 2008) Cited 77 times
Holding that a contract arising from fraud, misrepresentation, or mistake is "voidable"
Troup v. Toyota Motor Corp.
545 F. App'x 668 (9th Cir. 2013) Cited 63 times
Holding that a breach of the implied warranty occurs where a defect "drastically undermine the ordinary operation" of the consumer good
David v. American Suzuki Motor Corp.
629 F. Supp. 2d 1309 (N.D. Fla. 2009) Cited 60 times
Dismissing breach of implied warranty claim under Florida law against American Suzuki or Suzuki Japan for lack of contractual privity because plaintiff "purchased his motorcycle from dealer Motorsports in Miami, not from American Suzuki or Suzuki Japan"
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 362,607 times 962 Legal Analyses
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
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,446 times 316 Legal Analyses
Prohibiting unlawful business practices
Section 2301 - Definitions
15 U.S.C. § 2301 Cited 2,588 times 37 Legal Analyses
Including as consumers those entitled to enforce a warranty "under applicable State law"
Section 1750 - Title of act
Cal. Civ. Code § 1750 Cited 2,777 times 69 Legal Analyses
This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.
Section 17500 - Untrue or misleading advertising
Cal. Bus. & Prof. Code § 17500 Cited 2,768 times 65 Legal Analyses
Requiring action that originated in California to effect consumers in another state
Section 501.201 - Short title
Fla. Stat. § 501.201 Cited 1,021 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.
Section 1345.01 - Consumer sales practices definitions
Ohio Rev. Code § 1345.01 Cited 929 times
Defining "[s]upplier" as a "person engaged in the business of effecting . . . consumer transactions, whether or not the person deals directly with the consumer"
Section 17.41 - Short Title
Tex. Bus. & Com. Code § 17.41 Cited 783 times 2 Legal Analyses
This subchapter may be cited as the Deceptive Trade Practices-Consumer Protection Act. Tex. Bus. and Comm. Code § 17.41 Added by Acts 1973, 63rd Leg., p. 322, ch. 143, Sec. 1, eff. 5/21/1973.
Section 47-18-101 - Short title
Tenn. Code § 47-18-101 Cited 593 times 2 Legal Analyses
This part shall be known and may be cited as the "Tennessee Consumer Protection Act of 1977." T.C.A. § 47-18-101 Acts 1977, ch. 438, § 1.
Section 2-30.001 - Written Statement Explaining Consumer Rights Under Chapter 681, Florida Statutes; Hearings Before Florida New Motor Vehicle Arbitration Board
Fla. Admin. Code R. 2-30.001 Cited 58 times
(1) The following documents are incorporated into these rules by reference and can each be obtained by visiting the applicable web address shown below, where available, or by contacting the address shown in subsection (4): (a) The form entitled "Manufacturer's Answer, " DLA/LL-006 (rev. 2/06), effective 2-1-06. (b) The forms entitled "Consumer's Prehearing Information Sheet DLA/LL-007, (rev. 02/2023), effective 2-1-2023, available at http://www.flrules.org/Gateway/reference.asp?No=Ref-14995 and Manufacturer's

Dean Rollolazo et al v. Bmw of North America, Llc et al

50 Cited authorities

Finding the plaintiff plausibly stated a claim for breach of implied warranty in tort where the plaintiff alleged that the defective coolant tubes could cause sudden engine failure while traveling at high speeds

Holding that unjust enrichment is an equitable remedy that is not available where there is “a plain, speedy, and adequate remedy at law”

Finding that the superior court had jurisdiction to grant equitable relief where the petitioners alleged that there were system-wide violations of mandatory statutory requirements by a municipal court

Finding that the comment that the plaintiff would be making "a lot of money for the company for a long time to come" was not sufficient to establish a promise of continued employment

Finding that the consumer-expectations test could be used to determine whether an airbag was defectively designed

In Paschall's, however, the court emphasized that recovery was not available in every such situation, as each case had to be decided “according to the essential elements of quasi-contract.” Id.

Holding that a contract arising from fraud, misrepresentation, or mistake is "voidable"

Holding that a breach of the implied warranty occurs where a defect "drastically undermine the ordinary operation" of the consumer good

Dismissing breach of implied warranty claim under Florida law against American Suzuki or Suzuki Japan for lack of contractual privity because plaintiff "purchased his motorcycle from dealer Motorsports in Miami, not from American Suzuki or Suzuki Japan"

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

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

Prohibiting unlawful business practices

Including as consumers those entitled to enforce a warranty "under applicable State law"

Requiring action that originated in California to effect consumers in another state

Defining "[s]upplier" as a "person engaged in the business of effecting . . . consumer transactions, whether or not the person deals directly with the consumer"