29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,234 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 689 times   2 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 924 times   2 Legal Analyses
    Holding that a complaint is sufficient if it identifies facts that are suggestive enough to render the necessary elements plausible
  6. Steamfitters Local Union v. Phillip Morris

    171 F.3d 912 (3d Cir. 1999)   Cited 236 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"
  7. Rivera v. Wyeth-Ayerst Laboratories

    283 F.3d 315 (5th Cir. 2002)   Cited 200 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
  8. U.S. v. Serafini

    233 F.3d 758 (3d Cir. 2000)   Cited 126 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. Cipollone v. Liggett Group, Inc.

    893 F.2d 541 (3d Cir. 1990)   Cited 88 times
    Holding intentional misrepresentation claims to be preempted by the Labeling Act
  10. Heindel v. Pfizer Inc.

    381 F. Supp. 2d 364 (D.N.J. 2004)   Cited 42 times   3 Legal Analyses
    Finding a conflict between Pennsylvania's Unfair Trade Practices and Consumer Protection Law and New Jersey's Consumer Fraud Act
  11. Section 12A:2-313 - Express warranties by affirmation, promise, description, sample

    N.J. Stat. § 12A:2-313   Cited 175 times

    (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which is made part of the basis

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

    N.J. Stat. § 12A:2-314   Cited 136 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 75 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 60 times
    Addressing creation of express warranties
  15. Section 12A:2-103 - Definitions and index of definitions

    N.J. Stat. § 12A:2-103   Cited 32 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 27 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).