§Why CasetextPricing

IN RE: Trasylol Products Liability Litigation

MOTION to Dismiss

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,597 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,563 times   364 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' "

  3. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,399 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

  4. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 848 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

  5. Watts v. Fla. Int'l

    495 F.3d 1289 (11th Cir. 2007)   Cited 1,116 times   1 Legal Analyses
    Holding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible

  6. Rivera v. Wyeth-Ayerst Laboratories

    283 F.3d 315 (5th Cir. 2002)   Cited 241 times   9 Legal Analyses
    Holding that plaintiffs lacked standing to sue because they "concede they were not among the injured" by an allegedly defective drug but only claim economic injury without defining that injury

  7. Steamfitters Local Union v. Phillip Morris

    171 F.3d 912 (3d Cir. 1999)   Cited 256 times   1 Legal Analyses
    Holding that it did not matter whether plaintiffs' injuries were "direct" or "indirect" because "the plaintiffs' direct claim comes no closer than their indirect claim to meeting the proximate cause requirement for antitrust standing"

  8. U.S. v. Serafini

    233 F.3d 758 (3d Cir. 2000)   Cited 134 times
    Holding that a district court’s recommendation that the BOP place a defendant in "community confinement" in a county residential center was not a "final order" subject to review

  9. Coffey v. Dowley Manufacturing, Inc.

    No. 3:99-0822 (M.D. Tenn. Feb. 12, 2002)   Cited 65 times
    Concluding that, under Tennessee law, only the prudent-manufacturer test applied where the victim alleged that a complex automotive tool was unreasonably dangerous

  10. Cipollone v. Liggett Group, Inc.

    893 F.2d 541 (3d Cir. 1990)   Cited 92 times
    Holding intentional misrepresentation claims to be preempted by the Labeling Act

  11. Section 12A:2-313 - Express warranties by affirmation, promise, description, sample

    N.J. Stat. § 12A:2-313   Cited 205 times
    Requiring the affirmation, promise, or description to form "part of the basis of the bargain"

  12. Section 12A:2-314 - Implied warranty: merchantability; usage of trade

    N.J. Stat. § 12A:2-314   Cited 161 times
    Adopting UCC § 2–314 as New Jersey law

  13. Section 47-2-314 - Implied warranty - Merchantability - Usage of trade

    Tenn. Code § 47-2-314   Cited 85 times
    Addressing creation of implied warranty of merchantability

  14. Section 47-2-313 - Express warranties by affirmation, promise, description, sample

    Tenn. Code § 47-2-313   Cited 68 times
    Addressing creation of express warranties

  15. Section 12A:2-103 - Definitions and index of definitions

    N.J. Stat. § 12A:2-103   Cited 33 times
    Defining "seller" as one who "sells or contracts to sell goods"

  16. Section 12A:2-106 - Definitions: "contract" ; "agreement" ; "contract for sale" ; "sale" ; "present sale" ; "conforming" to contract; "termination" ; "cancellation"

    N.J. Stat. § 12A:2-106   Cited 30 times
    Stating that goods "conform to the contract when they are in accordance with the obligations under the contract"

  17. Section 47-2-103 - Definitions and index of definitions

    Tenn. Code § 47-2-103   Cited 13 times

    (1) In this chapter unless the context otherwise requires: (a) "Buyer" means a person who buys or contracts to buy goods. (b) "Good faith" in the case of a merchant means honesty in fact and the observance of reasonable commercial standards of fair dealing in the trade. (c) "Receipt" of goods means taking physical possession of them. (d) "Seller" means a person who sells or contracts to sell goods. (2) Other definitions applying to this chapter or to specified parts thereof, and the sections in which

  18. Section 47-2-318 - Third party beneficiaries of warranties express or implied

    Tenn. Code § 47-2-318   Cited 11 times

    A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this section. T.C.A. § 47-2-318 Acts 1963, ch. 81, § 1 (2-318).