§Why CasetextPricing

Ebin et al v. Kangadis Food Inc.

MEMORANDUM: Accordingly, for the foregoing reasons, the Court

17 Cited authorities

  1. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,386 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  2. Corsello v. Verizon N.Y., Inc.

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 957 times
    Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

  3. Acito v. Imcera Group, Inc.

    47 F.3d 47 (2d Cir. 1995)   Cited 1,130 times   1 Legal Analyses
    Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"

  4. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 694 times   7 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

  5. Randy Knitwear v. Amer. Cyanamid Co.

    11 N.Y.2d 5 (N.Y. 1962)   Cited 193 times
    Holding that privity is not required to maintain an action against a manufacturer for breach of express warranty

  6. Donahue v. Ferolito, Vultaggio Sons

    13 A.D.3d 77 (N.Y. App. Div. 2004)   Cited 32 times
    Affirming dismissal of § 349 claim for failure to establish actual damages

  7. Paramount Aviation Corp. v. Agusta

    288 F.3d 67 (3d Cir. 2002)   Cited 21 times
    Finding in dicta that there is "implicit in Section 2-318 a clearly expressed legislative policy choice limiting recovery by such third parties to damages for personal injuries."

  8. McDonnell Douglas Corp. v. Thiokol Corp.

    124 F.3d 1173 (9th Cir. 1997)   Cited 23 times
    Analyzing California law

  9. Bristol Vill., Inc. v. La.-Pac. Corp.

    No. 12-CV-263S (W.D.N.Y. Dec. 31, 2012)

    12-CV-263S 12-31-2012 BRISTOL VILLAGE, INC., individually and on behalf of a class of others similarly situated, Plaintiff, v. LOUISIANA-PACIFIC CORPORATION, and ABT BUILDING PRODUCTS CORPORATION, Defendants. WILLIAM M. SKRETNY DECISION AND ORDER I. INTRODUCTION Plaintiff Bristol Village, Inc. commenced this putative class action alleging, among other things, that Defendant Louisiana-Pacific Corporation breached express and implied warranties with respect to its TrimBoard product. Presently before

  10. United States v. Bedford Associates

    713 F.2d 895 (2d Cir. 1983)   Cited 22 times
    Holding that restitution is not available against a defendant "where the defendant has received the payment in good faith and used it in satisfaction of the debt of a third person to the defendant"

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,248 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Section 2 - Monopolizing trade a felony; penalty

    15 U.S.C. § 2   Cited 4,381 times   30 Legal Analyses
    In § 2 cases under the Sherman Act, as in § 7 cases under the Clayton Act (Brown Shoe Co. v. United States, 370 U.S. 294, 325) there may be submarkets that are separate economic entities.

  13. Section 56:8-1 - Applicability of C.56:8-1 et seq

    N.J. Stat. § 56:8-1   Cited 2,076 times   56 Legal Analyses
    Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

  14. Section 2-313 - Express Warranties by Affirmation, Promise, Description, Sample

    N.Y. U.C.C. Law § 2-313   Cited 296 times
    Defining express warranties

  15. Section 12A:2-313 - Express warranties by affirmation, promise, description, sample

    N.J. Stat. § 12A:2-313   Cited 205 times
    Requiring the affirmation, promise, or description to form "part of the basis of the bargain"

  16. Section 269.1 - Olive oil and related products: identities; label statements

    N.Y. Comp. Codes R. & Regs. tit. 1 § 269.1   Cited 1 times

    (a) Standards of identity. (1) Olive oil means the olive oil obtained solely from the fruit of the olive tree (Olea Europaea L.) without the use of solvents or re-esterification processes. Olive oil may consist wholly, or as a blend, of virgin olive oil and refined olive oil, as defined in paragraphs (3) and (4) of this subdivision. Olive oil has a free acidity, expressed as oleic acid, of not more than 1 gram per 100 grams and is light yellow to green in color. (2) Olive-pomace oil means oil obtained