56 Cited authorities

Graham v. Connor
490 U.S. 386 (1989) Cited 25,243 times 26 Legal Analyses
Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,497 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Cahill v. Liberty Mut. Ins. Co.
80 F.3d 336 (9th Cir. 1996) Cited 3,300 times
Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,420 times 23 Legal Analyses
Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
Pareto v. Federal Deposit Insurance Corp.
139 F.3d 696 (9th Cir. 1998) Cited 1,180 times 1 Legal Analyses
Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 704 times 2 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
Gilligan v. Jamco Development Corp.
108 F.3d 246 (9th Cir. 1997) Cited 958 times
Setting forth elements of a FHA claim
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
Kasky v. Nike
27 Cal.4th 939 (Cal. 2002) Cited 667 times 6 Legal Analyses
Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL
Daugherty v. American Honda Motor Co., Inc.
144 Cal.App.4th 824 (Cal. Ct. App. 2006) Cited 561 times 7 Legal Analyses
Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,116 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1332 - Diversity of citizenship; amount in controversy; costs
28 U.S.C. § 1332 Cited 111,308 times 572 Legal Analyses
Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,478 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 1337 - Commerce and antitrust regulations; amount in controversy, costs
28 U.S.C. § 1337 Cited 3,065 times 1 Legal Analyses
Granting jurisdiction for claims arising under statutes regulating interstate commerce
Section 2301 - Definitions
15 U.S.C. § 2301 Cited 2,519 times 36 Legal Analyses
Including as consumers those entitled to enforce a warranty "under applicable State law"
Section 2310 - Remedies in consumer disputes
15 U.S.C. § 2310 Cited 1,604 times 10 Legal Analyses
Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"
Section 2313 - Express warranties by affirmation, promise, description, sample
Cal. Com. Code § 2313 Cited 366 times 1 Legal Analyses
Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"
Section 2607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over
Cal. Com. Code § 2607 Cited 108 times 1 Legal Analyses
Stating that a buyer "must, within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of the breach or be barred from any remedy"

In re: HP Power Plug and Graphic Card Litigation

56 Cited authorities

Holding that the reasonableness of force deployed during an arrest is judged using the "facts and circumstances of each particular case" from the perspective of "a reasonable officer on the scene"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

Holding that a loan transaction is a business practice under the UCL

Setting forth elements of a FHA claim

Holding that legally proper practice can still violate Federal Trade Commission Act

Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL

Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

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

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Granting jurisdiction for claims arising under statutes regulating interstate commerce

Including as consumers those entitled to enforce a warranty "under applicable State law"

Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"

Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"

Stating that a buyer "must, within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of the breach or be barred from any remedy"