17 Cited authorities

Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,753 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,619 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Gennari v. Weichert Co. Realtors
148 N.J. 582 (N.J. 1997) Cited 861 times 4 Legal Analyses
Holding that a plaintiff can sufficiently plead an affirmative misrepresentation in violation of the CFA without allegations regarding defendant's intent or knowledge
Pomerantz Paper v. New Comm. Corp.
207 N.J. 344 (N.J. 2011) Cited 495 times 2 Legal Analyses
Holding that the trial court erred in basing a damages award on an "expert's wholly speculative views"
Turbe v. Government of Virgin Islands
938 F.2d 427 (3d Cir. 1991) Cited 861 times
Holding that when a Rule 12(c) motion alleges plaintiff's failure to state a claim upon which relief can be granted, we analyze the motion under the same standard as a Rule 12(b) motion to dismiss
Oran v. Stafford
226 F.3d 275 (3d Cir. 2000) Cited 627 times 32 Legal Analyses
Holding that courts can take judicial notice of authenticated versions of publicly available documents filed with a regulatory agency
Cox v. Sears Roebuck & Co.
138 N.J. 2 (N.J. 1994) Cited 634 times 8 Legal Analyses
Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"
Kokotis v. U.S. Postal Service
223 F.3d 275 (4th Cir. 2000) Cited 246 times
Holding that a district court lacks jurisdiction over an FTCA suit if the "administrative claim [did] not indicate a specific amount of money."
Chattin v. Cape May Greene, Inc.
124 N.J. 520 (N.J. 1991) Cited 98 times 1 Legal Analyses
Holding that the burden to prove an omission was knowingly made with intent to defraud is upon the aggrieved party
D'Ercole Sales, Inc. v. Fruehauf Corp.
206 N.J. Super. 11 (App. Div. 1985) Cited 100 times 1 Legal Analyses
Holding that breach of warranty for malfunctioning tow truck and refusal to repair was not unconscionable practice
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 344,767 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,637 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
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"
Section 56:8-2 - Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice
N.J. Stat. § 56:8-2 Cited 1,242 times 13 Legal Analyses
Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"

Ecosolargy, Inc. v. Code Green Solar Limited Liability Company et al

17 Cited authorities

Holding that a district court need not permit a curative amendment if such amendment would be futile

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding that a plaintiff can sufficiently plead an affirmative misrepresentation in violation of the CFA without allegations regarding defendant's intent or knowledge

Holding that the trial court erred in basing a damages award on an "expert's wholly speculative views"

Holding that when a Rule 12(c) motion alleges plaintiff's failure to state a claim upon which relief can be granted, we analyze the motion under the same standard as a Rule 12(b) motion to dismiss

Holding that courts can take judicial notice of authenticated versions of publicly available documents filed with a regulatory agency

Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"

Holding that a district court lacks jurisdiction over an FTCA suit if the "administrative claim [did] not indicate a specific amount of money."

Holding that the burden to prove an omission was knowingly made with intent to defraud is upon the aggrieved party

Holding that breach of warranty for malfunctioning tow truck and refusal to repair was not unconscionable practice

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. . . ."

Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"