92 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Erickson v. Pardus
551 U.S. 89 (2007) Cited 64,333 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,896 times 142 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Warth v. Seldin
422 U.S. 490 (1975) Cited 12,142 times 15 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Shady Grove Orthopedic v. Allstate Ins. Co.
559 U.S. 393 (2010) Cited 1,203 times 45 Legal Analyses
Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"
Massachusetts v. Environmental Protection Agency
549 U.S. 497 (2007) Cited 1,185 times 97 Legal Analyses
Holding that denials of petitions for rulemaking are judicially reviewable
Roe v. Wade
410 U.S. 113 (1973) Cited 4,118 times 26 Legal Analyses
Holding that end of pregnancy did not moot the case because the plaintiff was capable of becoming pregnant again
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,322 times 3 Legal Analyses
Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,603 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 29,059 times 191 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,266 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 2 - Judicial Power and Jurisdiction
U.S. Const. art. III, § 2 Cited 10,988 times 4 Legal Analyses
Granting federal courts power only to resolve “cases” and “controversies”
Section 227 - Restrictions on use of telephone equipment
47 U.S.C. § 227 Cited 5,769 times 742 Legal Analyses
Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
Section 45 - Unfair methods of competition unlawful; prevention by Commission
15 U.S.C. § 45 Cited 3,915 times 585 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"
Section 17500 - Untrue or misleading advertising
Cal. Bus. & Prof. Code § 17500 Cited 2,744 times 65 Legal Analyses
Requiring action that originated in California to effect consumers in another state
Section 1
Cal. Const. art. I § 1 Cited 1,083 times 1 Legal Analyses
Providing "[a]ll people are by nature free and independent and have inalienable rights," including the right of "privacy"
Section 901 - Prerequisites to a class action
N.Y. CPLR 901 Cited 997 times 8 Legal Analyses
Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"

Hubbard et al v. Wenner Media LLC

92 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

Holding that denials of petitions for rulemaking are judicially reviewable

Holding that end of pregnancy did not moot the case because the plaintiff was capable of becoming pregnant again

Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Prohibiting unlawful business practices

Granting federal courts power only to resolve “cases” and “controversies”

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

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"

Requiring action that originated in California to effect consumers in another state

Providing "[a]ll people are by nature free and independent and have inalienable rights," including the right of "privacy"

Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"