§Why CasetextPricing

In Re: Aqua Dots Products Liability Litigation

MEMORANDUM

174 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,036 times   138 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"

  3. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,204 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  4. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,778 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  5. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 4,982 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

  6. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,419 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  7. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,864 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  8. Sierra Club v. Morton

    405 U.S. 727 (1972)   Cited 2,789 times   3 Legal Analyses
    Holding that plaintiff-organization did not establish Article III standing for injunctive relief where the organization failed to show that its members would be affected by the actions it sought to enjoin

  9. Tamayo v. Blagojevich

    526 F.3d 1074 (7th Cir. 2008)   Cited 3,019 times   6 Legal Analyses
    Holding that a senior administrator who testified before a legislative committee with oversight of her agency was "discharging the responsibilities of her office, not appearing as 'Jane Q. Public.' "

  10. Geier v. Am. Honda Motor Co.

    529 U.S. 861 (2000)   Cited 787 times   16 Legal Analyses
    Holding the absence of an express pre-emption clause “does not bar the ordinary working of conflict pre-emption principles”

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,839 times   106 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

  13. Section 815 ILCS 505/1

    815 ILCS 505/1   Cited 2,177 times   14 Legal Analyses
    Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"

  14. Section 17.50 - Relief for Consumers

    Tex. Bus. & Com. Code § 17.50   Cited 1,463 times   5 Legal Analyses
    Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty

  15. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 975 times   8 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

  16. Section 1261 - Definitions

    15 U.S.C. § 1261   Cited 249 times   3 Legal Analyses
    Defining "hazardous substance" as one that is "flammable or combustible," among other qualifying characteristics

  17. Section 4-88-101 - Applicability of chapter

    Ark. Code § 4-88-101   Cited 196 times   4 Legal Analyses
    Providing that the ADTPA does not apply to actions or transactions "permitted under laws administered by... a regulatory body"

  18. Section 2072 - Suits for damages

    15 U.S.C. § 2072   Cited 104 times   1 Legal Analyses
    Stating that in addition to damages in a suit under the Consumer Product Safety Act, a litigant may recover costs and reasonable attorneys' fees "if the court determines it to be in the interest of justice"

  19. Section 411.340 - When wholesaler, distributor or retailer to be held liable

    Ky. Rev. Stat. § 411.340   Cited 77 times   1 Legal Analyses
    Describing circumstances wholesalers, distributors, or retailers are liable

  20. Section 537.762 - Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure - order of dismissal to be interlocutory

    Mo. Rev. Stat. § 537.762   Cited 46 times
    Allowing dismissal of seller in products liability action if manufacturer is also defendant

  21. Section 1500.18 - Banned toys and other banned articles intended for use by children

    16 C.F.R. § 1500.18   Cited 19 times   3 Legal Analyses

    (a)Toys and other articles presenting mechanical hazards. Under the authority of sections 2(f)(1)(D) and 24 of the act and pursuant to the provisions of section 3(e) of the act, the Commission has determined that the following types of toys or other articles intended for use by children present a mechanical hazard within the meaning of section 2(s) of the act because in normal use, or when subjected to reasonably foreseeable damage or abuse, the design or manufacture presents an unreasonable risk

  22. Section 1117.1 - Purpose

    16 C.F.R. § 1117.1   Cited 1 times

    The purpose of this part is to set forth the Commission's interpretative regulations for reporting of choking incidents required by the Child Safety Protection Act. The statute requires that each manufacturer, distributor, retailer, and importer of a marble, small ball, or latex balloon, or a toy or a game that contains a marble, small ball, latex balloon, or other small part, shall report to the Commission any information obtained by such manufacturer, distributor, retailer, or importer which reasonably

  23. Section 1117.3 - Reportable information

    16 C.F.R. § 1117.3

    A subject firm shall report any information it obtains which reasonably supports the conclusion that a reportable incident occurred. Generally, firms should report any information provided to the company, orally or in writing, which states that a child choked on a marble, small ball, latex balloon, or on a marble, small ball, latex balloon or other small part contained in a toy or game and, as a result of that incident the child died, suffered serious injury, ceased breathing for any length of time

  24. Section 1117.9 - Prohibited acts and sanctions

    16 C.F.R. § 1117.9

    (a) Whoever knowingly and willfully falsifies or conceals a material fact in a report submitted under this part is subject to criminal penalties under 18 U.S.C. 1001 . (b) A failure to report to the Commission in a timely fashion as required by this part is a prohibited act under section 19(a)(3) of the CPSA, 15 U.S.C. 2068(a)(3) . (c) A subject firm that knowingly fails to report is subject to civil penalties under section 20 of the CPSA, 15 U.S.C. 2069 . Knowing means the having of actual knowledge