§Why CasetextPricing

Federal Trade Commission v. AMG Services, Inc. et al

MEMORANDUM re MOTION to Strike

81 Cited authorities

  1. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,820 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

  2. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,038 times   20 Legal Analyses
    Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

  3. Jones v. Community Redevelopment Agency

    733 F.2d 646 (9th Cir. 1984)   Cited 3,824 times
    Holding insufficient to support a § 1983 claim bare allegations of discrimination against African-Americans "unsupported by any facts as to how race entered into any decisions"

  4. Temple v. Synthes Corp.

    498 U.S. 5 (1990)   Cited 535 times
    Holding it was "error to label [alleged] joint tortfeasors as indispensable parties under Rule 19(b) and to dismiss the lawsuit with prejudice for failure to join those parties"

  5. Nat'l Labor Relations Bd. v. Bell Aerospace Co.

    416 U.S. 267 (1974)   Cited 751 times   8 Legal Analyses
    Holding that an agency is "not precluded from announcing new principles in an adjudicative proceeding"

  6. U.S. v. Phosphate Export Assn

    393 U.S. 199 (1968)   Cited 838 times   1 Legal Analyses
    Holding that “the heavy burden of persuasion” that the challenged conduct cannot reasonably be expected to start up again lies with the party asserting mootness

  7. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,355 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

  8. F.T.C. v. Stefanchik

    559 F.3d 924 (9th Cir. 2009)   Cited 679 times
    Holding "the district court did not abuse its discretion by holding the defendants liable for the full amount of loss incurred by consumers"

  9. Barnes v. AT&T Pension Benefit Plan

    718 F. Supp. 2d 1167 (N.D. Cal. 2010)   Cited 400 times   1 Legal Analyses
    Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits

  10. Federal Trade Commission v. Publishing C.H

    104 F.3d 1168 (9th Cir. 1997)   Cited 534 times
    Holding an individual liable where she filed a business license at the direction of someone facing criminal charges due to deceptive telemarketing, and had worked at a predecessor company that had been shut down due to a fraud investigation

  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 345,370 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,933 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,668 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

  14. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,912 times   24 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons

  15. Section 53 - False advertisements; injunctions and restraining orders

    15 U.S.C. § 53   Cited 815 times   71 Legal Analyses
    Providing similar provisional relief where false advertising regarding food, drugs, devices, and cosmetics is at issue

  16. Section 1693 - Congressional findings and declaration of purpose

    15 U.S.C. § 1693   Cited 651 times   18 Legal Analyses
    Defining electronic fund transfer

  17. Section 57b - Civil actions for violations of rules and cease and desist orders respecting unfair or deceptive acts or practices

    15 U.S.C. § 57b   Cited 197 times   32 Legal Analyses
    Identifying a rule violation under the Act as the basis for a civil action

  18. Section 1607 - Administrative enforcement

    15 U.S.C. § 1607   Cited 112 times   4 Legal Analyses
    In 15 U.S.C. § 1607(e), the Act, after providing that the enforcing agency is authorized to require a lender to make an adjustment to a borrower to whom an annual percentage rate or finance charge "was inaccurately disclosed," to assure that the borrower is not required to pay a finance charge in excess of that "actually disclosed," provides that, with exceptions not here applicable, "no adjustment shall be ordered"