§Why CasetextPricing

Fenerjian v. Nong Shim Company, Ltd et al

MOTION to Dismiss

57 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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 266,542 times   365 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. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,979 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  4. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 7,811 times   27 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”

  5. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,416 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

  6. Illinois Brick Co. v. Illinois

    431 U.S. 720 (1977)   Cited 1,287 times   61 Legal Analyses
    Holding that indirect purchasers cannot recover damages under federal antitrust law

  7. Hartford Fire Ins. Co. v. California

    509 U.S. 764 (1993)   Cited 569 times   8 Legal Analyses
    Holding that allegation that defendant insurers and reinsurers told "groups of insurance brokers and agents . . . that a reinsurance boycott, and thus loss of income to the agents and brokers who would be unable to find available markets for their customers, would ensue" if the terms desired by defendants in commercial general liability insurance were not approved, was a boycott under the McCarran-Ferguson Act

  8. Elevator Antitrust v. United Tech

    502 F.3d 47 (2d Cir. 2007)   Cited 804 times   3 Legal Analyses
    Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”

  9. F. Hofpmann-La Roche Ltd. v. Empagran S. A.

    542 U.S. 155 (2004)   Cited 210 times   17 Legal Analyses
    Holding domestic effects exception does not apply where "price-fixing conduct significantly and adversely affects both customers outside the United States and customers within the United States, but the adverse foreign effect is independent of any adverse domestic effect"

  10. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 576 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

  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 345,805 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. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,903 times   66 Legal Analyses
    Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"

  13. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,427 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

  14. Section 15b - Limitation of actions

    15 U.S.C. § 15b   Cited 898 times   2 Legal Analyses
    Establishing a four-year limitations period for antitrust claims

  15. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 568 times   59 Legal Analyses
    Setting labeling requirements for food products

  16. Section 6a - Conduct involving trade or commerce with foreign nations

    15 U.S.C. § 6a   Cited 225 times   30 Legal Analyses
    Stating that Sherman Act "shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations"

  17. Section 601 - Definitions

    21 U.S.C. § 601   Cited 178 times   10 Legal Analyses
    Defining "misbranded" meat product in part as one with "labeling is false or misleading in any particular"

  18. Section 451 - Congressional statement of findings

    21 U.S.C. § 451   Cited 102 times   2 Legal Analyses
    In 21 U.S.C. § 451, Congress bases the entire PPIA on its finding that "[u]nwholesome, adulterated, or misbranded poultry products" hurt people and destroy markets for poultry.

  19. Section 1451 - Congressional declaration of policy

    15 U.S.C. § 1451   Cited 46 times   8 Legal Analyses

    Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods. 15 U.S.C. § 1451 Pub. L. 89-755, §2, Nov. 3, 1966, 80 Stat. 1296. STATUTORY NOTES AND

  20. Section 1031 - Congressional statement of findings

    21 U.S.C. § 1031   Cited 11 times   1 Legal Analyses

    Eggs and egg products are an important source of the Nation's total supply of food, and are used in food in various forms. They are consumed throughout the Nation and the major portion thereof moves in interstate or foreign commerce. It is essential, in the public interest, that the health and welfare of consumers be protected by the adoption of measures prescribed herein for assuring that eggs and egg products distributed to them and used in products consumed by them are wholesome, otherwise not

  21. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 139 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling

  22. Section 101.1 - Principal display panel of package form food

    21 C.F.R. § 101.1   Cited 30 times   2 Legal Analyses

    The term principal display panel as it applies to food in package form and as used in this part, means the part of a label that is most likely to be displayed, presented, shown, or examined under customary conditions of display for retail sale. The principal display panel shall be large enough to accommodate all the mandatory label information required to be placed thereon by this part with clarity and conspicuousness and without obscuring design, vignettes, or crowding. Where packages bear alternate