66 Cited authorities

Conley v. Gibson
355 U.S. 41 (1957) Cited 59,120 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"
TSC Industries, Inc. v. Northway, Inc.
426 U.S. 438 (1976) Cited 2,516 times 69 Legal Analyses
Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"
Powell v. McCormack
395 U.S. 486 (1969) Cited 3,134 times 1 Legal Analyses
Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained
Connick v. Suzuki Motor Co.
174 Ill. 2d 482 (Ill. 1996) Cited 972 times 4 Legal Analyses
Holding that statements "not made by Suzuki but by Suzuki dealers . . . cannot be the basis of a common law fraud count against Suzuki unless plaintiffs have adequately alleged that the dealers were the agents of Suzuki"
Mace v. Van Ru Credit Corp.
109 F.3d 338 (7th Cir. 1997) Cited 504 times 2 Legal Analyses
Holding that in reviewing a state claim pursuant to supplemental jurisdiction, federal courts apply state substantive law and federal procedural law
Bardin v. Daimlerchrysler Corp.
136 Cal.App.4th 1255 (Cal. Ct. App. 2006) Cited 307 times
Holding that the use of less expensive tubular steel exhaust manifolds did not violate public policy because the defendant made no representation about the composition of the manifolds and the plaintiffs did not allege a safety concern or a violation of the warranty
Swersky v. Dreyer Traub
219 A.D.2d 321 (N.Y. App. Div. 1996) Cited 316 times
Holding that "the firm may be held liable to the same extent as the individual defendant"
W.W. Vincent Co. v. First Colony Life Ins. Co.
351 Ill. App. 3d 752 (Ill. App. Ct. 2004) Cited 247 times
Holding that purchasing corporation stated valid claim of fraudulent misrepresentation by inducement, based on knowingly false statements, by transferring corporation, that assets transferred to purchasing corporation included general agents' contract
Kolupa v. Roselle Park Dist
438 F.3d 713 (7th Cir. 2006) Cited 225 times
Holding that a religious discrimination plaintiff need only say that the employer "held] the worker's religion against him"
Day v. AT & T Corp.
63 Cal.App.4th 325 (Cal. Ct. App. 1998) Cited 188 times 4 Legal Analyses
Holding that these California statutes may make even true statements actionable if "couched in such a manner that it is likely to mislead or deceive the consumer, such as by failure to disclose other relevant information"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,838 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,976 times 62 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,013 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 1750 - Title of act
Cal. Civ. Code § 1750 Cited 2,743 times 68 Legal Analyses
This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.
Section 12A:1-201 - General definitions
N.J. Stat. § 12A:1-201 Cited 171 times
Describing language as conspicuous if it is in larger or contrasting type
Section 440.1201 - Definitions
Mich. Comp. Laws § 440.1201 Cited 147 times
Providing that a term or clause is conspicuous “when it is so written that a reasonable person against whom it is to operate ought to have noticed it”
Section 810 ILCS 5/2-607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over
810 ILCS 5/2-607 Cited 122 times
(1) The buyer must pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for non-conformity. (3) Where a tender has been accepted (a) the buyer must within a reasonable

In Re: Sears, Roebuck and Co. Front-Loading Washer Products Liability Litigation

66 Cited authorities

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 materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

Holding that the obviation of the petitioner's claim for injunctive relief did not render the whole case moot, when a damages claim for backpay remained

Holding that statements "not made by Suzuki but by Suzuki dealers . . . cannot be the basis of a common law fraud count against Suzuki unless plaintiffs have adequately alleged that the dealers were the agents of Suzuki"

Holding that in reviewing a state claim pursuant to supplemental jurisdiction, federal courts apply state substantive law and federal procedural law

Holding that the use of less expensive tubular steel exhaust manifolds did not violate public policy because the defendant made no representation about the composition of the manifolds and the plaintiffs did not allege a safety concern or a violation of the warranty

Holding that "the firm may be held liable to the same extent as the individual defendant"

Holding that purchasing corporation stated valid claim of fraudulent misrepresentation by inducement, based on knowingly false statements, by transferring corporation, that assets transferred to purchasing corporation included general agents' contract

Holding that a religious discrimination plaintiff need only say that the employer "held] the worker's religion against him"

Holding that these California statutes may make even true statements actionable if "couched in such a manner that it is likely to mislead or deceive the consumer, such as by failure to disclose other relevant information"

Requiring that fraud be pleaded with particularity

Granting district courts the authority to create a remedy with the force of a final judgment

Allowing service by filing papers with the court's electronic-filing system

Describing language as conspicuous if it is in larger or contrasting type

Providing that a term or clause is conspicuous “when it is so written that a reasonable person against whom it is to operate ought to have noticed it”