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First Choice Federal Credit Union v. The Wendy's Company et al

BRIEF in Support re Motion to Dismiss re: 32 Consolidated Amnended Class Action Complaint

140 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. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,835 times   69 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

  4. Ebay Inc. v. Mercexchange, L. L. C.

    547 U.S. 388 (2006)   Cited 3,793 times   130 Legal Analyses
    Holding that traditional four-factor test applies to injunctions against patent infringement

  5. Great-West Life Annuity Ins. Co. v. Knudson

    534 U.S. 204 (2002)   Cited 1,689 times   37 Legal Analyses
    Holding an injunction ordering money funds to be legal relief because it sought to "impo[se] personal liability for the benefits that they conferred upon respondents"

  6. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,482 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  7. Federal Trade Commission v. Sperry & Hutchinson Co.

    405 U.S. 233 (1972)   Cited 534 times   6 Legal Analyses
    Holding that legally proper practice can still violate Federal Trade Commission Act

  8. Packard v. Provident Nat. Bank

    994 F.2d 1039 (3d Cir. 1993)   Cited 721 times   1 Legal Analyses
    Holding that punitive damages cannot be recovered against trustee under Pennsylvania law

  9. Hammersmith v. TIG Insurance

    480 F.3d 220 (3d Cir. 2007)   Cited 419 times   1 Legal Analyses
    Holding that there was no principal place of insured risk where the policy covered the insured subsidiaries in over twenty states and internationally

  10. Sovereign Bank v. Bj's Wholesale Club, Inc.

    533 F.3d 162 (3d Cir. 2008)   Cited 300 times   4 Legal Analyses
    Holding that a claim was foreclosed based on an admission in the plaintiff's complaint

  11. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,744 times   69 Legal Analyses
    Adopting the definition set out in the APA

  12. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,854 times   557 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

  13. Section 57a - Unfair or deceptive acts or practices rulemaking proceedings

    15 U.S.C. § 57a   Cited 174 times   30 Legal Analyses
    Incorporating by reference 5 U.S.C. § 706

  14. Section 51:3075 - Recovery of damages

    La. Stat. tit. 51 § 3075   Cited 6 times

    A civil action may be instituted to recover actual damages resulting from the failure to disclose in a timely manner to a person that there has been a breach of the security system resulting in the disclosure of a person's personal information. La. R.S. § 51:3075 Acts 2005, No. 499, §1, eff. Jan. 1, 2006. Acts 2005, No. 499, §1, eff. 1/1/2006.

  15. Section 436.5 - Disclosure items

    16 C.F.R. § 436.5   Cited 31 times   2 Legal Analyses
    Identifying authority for issuance as FTC Act