81 Cited authorities

Goshen v. Mut. Life Ins. Co. of New York
98 N.Y.2d 314 (N.Y. 2002) Cited 3,508 times 2 Legal Analyses
Holding that disclaimers "do not establish a defense as a matter of law"
Illinois Brick Co. v. Illinois
431 U.S. 720 (1977) Cited 1,314 times 61 Legal Analyses
Holding that indirect purchasers cannot recover damages under federal antitrust law
Stutman v. Chemical Bank
95 N.Y.2d 24 (N.Y. 2000) Cited 780 times 5 Legal Analyses
Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation
Gunnells v. Healthplan Servs., Inc.
348 F.3d 417 (4th Cir. 2003) Cited 469 times 7 Legal Analyses
Holding that courts may employ Rule 23(c) to certify a class as to one claim even though all of the plaintiffs’ claims, taken together, do not satisfy the predominance requirement
Robert's Hawaii School Bus v. Laupahoehoe
91 Haw. 224 (Haw. 1999) Cited 198 times
Holding that "[f]indings of fact that are unchallenged on appeal are the operative facts of a case"
Sickles v. Cabot Corp.
379 N.J. Super. 100 (App. Div. 2005) Cited 141 times
Holding under Rule 4:6-2(e), a complaint that states no basis for relief must be dismissed
Teller v. Bill Hayes, Ltd.
213 A.D.2d 141 (N.Y. App. Div. 1995) Cited 167 times
Basing denial of a deceptive practices on the fact that the deceptive act did not have a sufficiently broad impact on consumers at large
Leider v. Ralfe
387 F. Supp. 2d 283 (S.D.N.Y. 2005) Cited 87 times
Finding "no collision between Fed. R. Civ. P. 23 and § 901(b)"
In re Pharm. Indus. Average Wholesale Price Litig.
230 F.R.D. 61 (D. Mass. 2005) Cited 79 times 1 Legal Analyses
Denying class certification motion because " it is not permissible to use methods such as averaging damages to sweep individual issues under the judicial rug"
Bolden v. Watt
290 Ark. 343 (Ark. 1986) Cited 107 times
In Bolden, the appellant taxicab drivers were denied permits to operate taxicabs in Little Rock under a city ordinance prohibiting permits to persons convicted of driving under the influence of intoxicating liquors.
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 362,607 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 5,000 times 112 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"
Section 45 - Unfair methods of competition unlawful; prevention by Commission
15 U.S.C. § 45 Cited 3,946 times 600 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 901 - Prerequisites to a class action
N.Y. CPLR 901 Cited 1,005 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"
Section 39-5-20 - Unfair methods of competition and unfair or deceptive acts or practices unlawful; application of federal act
S.C. Code § 39-5-20 Cited 218 times
Instructing South Carolina courts to take guidance from "the interpretations given by the Federal Trade Commission and the Federal Courts to § 5" of the FTCA
Section 4-88-101 - Applicability of chapter
Ark. Code § 4-88-101 Cited 199 times 4 Legal Analyses
Providing that the ADTPA does not apply to actions or transactions "permitted under laws administered by... a regulatory body"
Section 39-5-140 - Actions for damages
S.C. Code § 39-5-140 Cited 180 times 1 Legal Analyses
Providing private cause of action
Section 4-88-107 - Deceptive and unconscionable trade practices generally
Ark. Code § 4-88-107 Cited 160 times 1 Legal Analyses
Prohibiting "unconscionable, false, or deceptive act or practice in business, commerce, or trade"
Section 646.605 - Definitions for ORS 336.184 and 646.605 to 646.652
ORS § 646.605 Cited 107 times
Defining willfulness
Section 46A-6-104 - Unlawful acts or practices
W. Va. Code § 46A-6-104 Cited 88 times
Omitting material information

In Re Dynamic Random Access Memory (DRAM) Antitrust Litigation

81 Cited authorities

Holding that disclaimers "do not establish a defense as a matter of law"

Holding that indirect purchasers cannot recover damages under federal antitrust law

Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation

Holding that courts may employ Rule 23(c) to certify a class as to one claim even though all of the plaintiffs’ claims, taken together, do not satisfy the predominance requirement

Holding that "[f]indings of fact that are unchallenged on appeal are the operative facts of a case"

Holding under Rule 4:6-2(e), a complaint that states no basis for relief must be dismissed

Basing denial of a deceptive practices on the fact that the deceptive act did not have a sufficiently broad impact on consumers at large

Finding "no collision between Fed. R. Civ. P. 23 and § 901(b)"

Denying class certification motion because " it is not permissible to use methods such as averaging damages to sweep individual issues under the judicial rug"

In Bolden, the appellant taxicab drivers were denied permits to operate taxicabs in Little Rock under a city ordinance prohibiting permits to persons convicted of driving under the influence of intoxicating liquors.

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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"

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"

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"

Instructing South Carolina courts to take guidance from "the interpretations given by the Federal Trade Commission and the Federal Courts to § 5" of the FTCA

Providing that the ADTPA does not apply to actions or transactions "permitted under laws administered by... a regulatory body"

Providing private cause of action

Prohibiting "unconscionable, false, or deceptive act or practice in business, commerce, or trade"

Defining willfulness

Omitting material information