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Ebin et al v. Kangadis Food Inc.

MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss , dated May 3, 2013.. Document

62 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,360 times   279 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 265,336 times   364 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. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 17,726 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"

  4. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,230 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  5. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,383 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  6. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,186 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

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

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 954 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"

  8. Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.

    375 F.3d 168 (2d Cir. 2004)   Cited 1,213 times   3 Legal Analyses
    Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"

  9. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,982 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  10. Zahn v. International Paper Co.

    414 U.S. 291 (1973)   Cited 826 times
    Holding that "[e]ach plaintiff in a Rule 23(b) class action must satisfy the jurisdictional amount, and any plaintiff who does not must be dismissed from the case."

  11. 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 344,399 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

    28 U.S.C. § 1332   Cited 110,883 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"

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,455 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Section 2301 - Definitions

    15 U.S.C. § 2301   Cited 2,510 times   36 Legal Analyses
    Including as consumers those entitled to enforce a warranty "under applicable State law"

  15. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,426 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

  16. Section 56:8-1 - Definitions

    N.J. Stat. § 56:8-1   Cited 2,074 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"

  17. Section 2310 - Remedies in consumer disputes

    15 U.S.C. § 2310   Cited 1,599 times   10 Legal Analyses
    Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"

  18. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,510 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods

  19. Section 371 - Regulations and hearings

    21 U.S.C. § 371   Cited 260 times   8 Legal Analyses
    Granting the FDA general authority to promulgate regulations for administration of the Food, Drug, and Cosmetic Act

  20. Section 341 - Definitions and standards for food

    21 U.S.C. § 341   Cited 144 times   6 Legal Analyses
    Authorizing administrative regulations to establish a "reasonable definition and standard of identity" for "any food"

  21. Section 155.194 - Catsup

    21 C.F.R. § 155.194   Cited 1 times
    Specifying that a product identified as "ketchup" "catsup" "catchup" must contain sweeteners

  22. Section 152.126 - Frozen cherry pie

    21 C.F.R. § 152.126

    (a)Identity. (1) Frozen cherry pie (excluding baked and then frozen) is the food prepared by incorporating in a filling contained in a pastry shell mature, pitted, stemmed cherries that are fresh, frozen, and/or canned. The top of the pie may be open or it may be wholly or partly covered with pastry or other suitable topping. Filling, pastry, and topping components of the food consist of optional ingredients as prescribed by paragraph (a)(2) of this section. The finished food is frozen. (2) The optional