49 Cited authorities

Pliva, Inc. v. Mensing
564 U.S. 604 (2011) Cited 749 times 143 Legal Analyses
Holding that state tort law that required generic drug manufacturers to provide adequate warning labels was preempted where federal law required manufacturers to use the same labels as their brand-name counterparts
United Tech. Corp. v. Mazer
556 F.3d 1260 (11th Cir. 2009) Cited 885 times
Holding that " court without personal jurisdiction is powerless to take further action"
Ziemba v. Cascade Intern., Inc.
256 F.3d 1194 (11th Cir. 2001) Cited 755 times 2 Legal Analyses
Holding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"
In re Suprema Specialties, Inc.
438 F.3d 256 (3d Cir. 2006) Cited 552 times
Holding that "[i]f no controlled person is liable, there can be no controlling person liability"
Klay v. Humana, Inc.
382 F.3d 1241 (11th Cir. 2004) Cited 554 times 5 Legal Analyses
Holding that where there were variations in state laws precluding a single class of doctors alleging breaches of contract by health maintenance organizations that systematically underpaid physicians for their services, subclasses could be certified covering class members applying the same legal standards
In re Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation
754 F. Supp. 2d 1145 (C.D. Cal. 2010) Cited 195 times 1 Legal Analyses
Holding that one or more named plaintiffs may satisfy the notice requirements of section1782 on behalf of the entire putative class
Davis v. Powertel, Inc.
776 So. 2d 971 (Fla. Dist. Ct. App. 2000) Cited 150 times 1 Legal Analyses
Holding that it is not necessary
In re Mercedes-Benz Tele Aid Contract Litigation
257 F.R.D. 46 (D.N.J. 2009) Cited 95 times
Holding that the place where the defendant made the representations outweighed other § 148 factors
Ebin v. Kangadis Food, Inc.
297 F.R.D. 561 (S.D.N.Y. 2014) Cited 70 times 3 Legal Analyses
Finding typicality satisfied when all claims arose out of labeling olive oil tins, all class members allegedly were injured by paying a price premium, and plaintiffs sought redress through claims including breach of express warranty and New York consumer protection laws
Mesa v. BMW of North America, LLC
904 So. 2d 450 (Fla. Dist. Ct. App. 2005) Cited 87 times
Holding "[u]nder Florida law, a plaintiff cannot recover economic losses for breach of implied warranty in the absence of privity"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,731 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,131 times 321 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 2301 - Definitions
15 U.S.C. § 2301 Cited 2,531 times 36 Legal Analyses
Including as consumers those entitled to enforce a warranty "under applicable State law"
Section 501.203 - Definitions
Fla. Stat. § 501.203 Cited 259 times 7 Legal Analyses
Basing a violation of FDUTPA on, among other things, "[t]he standards of unfairness and deception set forth and interpreted by the Federal Trade Commission"
Section 501.212 - Application
Fla. Stat. § 501.212 Cited 161 times 8 Legal Analyses
Disallowing " claim for personal injury or death or a claim to property other than the property that is the subject of the consumer transaction."
Section 672.314 - Implied warranty; merchantability; usage of trade
Fla. Stat. § 672.314 Cited 96 times
Stating that the warranty of merchantability "is implied in a contract for [the goods'] sale"
Section 32901 - Definitions
49 U.S.C. § 32901 Cited 24 times 1 Legal Analyses
Defining "automobile" as, inter alia , "a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways"
Section 32908 - Fuel economy information
49 U.S.C. § 32908 Cited 18 times 1 Legal Analyses
Requiring automobile manufacturers to display fuel economy estimates on new automobiles offered for sale
Section 259.2 - Definitions
16 C.F.R. § 259.2 Cited 10 times 1 Legal Analyses
Requiring that automobile manufacturers use EPA estimates as the most prominent mileage figure in any advertisement that makes "any express or implied representation in advertising concerning the fuel economy of any new automobile"
Section 600.302-12 - Fuel economy label-general provisions
40 C.F.R. § 600.302-12 Cited 8 times 1 Legal Analyses
Providing that the Monroney sticker must include the disclaimer: "Actual results will vary for many reasons, including driving conditions and how you drive and maintain your vehicle."

Jarvis et al v. BMW of North America, LLC

49 Cited authorities

Holding that state tort law that required generic drug manufacturers to provide adequate warning labels was preempted where federal law required manufacturers to use the same labels as their brand-name counterparts

Holding that " court without personal jurisdiction is powerless to take further action"

Holding that "[i]f no controlled person is liable, there can be no controlling person liability"

Holding that one or more named plaintiffs may satisfy the notice requirements of section1782 on behalf of the entire putative class

Holding that it is not necessary

Holding that the place where the defendant made the representations outweighed other § 148 factors

Finding typicality satisfied when all claims arose out of labeling olive oil tins, all class members allegedly were injured by paying a price premium, and plaintiffs sought redress through claims including breach of express warranty and New York consumer protection laws

Holding "[u]nder Florida law, a plaintiff cannot recover economic losses for breach of implied warranty in the absence of privity"

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

Requiring that fraud be pleaded with particularity

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

Basing a violation of FDUTPA on, among other things, "[t]he standards of unfairness and deception set forth and interpreted by the Federal Trade Commission"

Disallowing " claim for personal injury or death or a claim to property other than the property that is the subject of the consumer transaction."

Stating that the warranty of merchantability "is implied in a contract for [the goods'] sale"

Defining "automobile" as, inter alia , "a 4-wheeled vehicle that is propelled by fuel, or by alternative fuel, manufactured primarily for use on public streets, roads, and highways"

Requiring automobile manufacturers to display fuel economy estimates on new automobiles offered for sale

Requiring that automobile manufacturers use EPA estimates as the most prominent mileage figure in any advertisement that makes "any express or implied representation in advertising concerning the fuel economy of any new automobile"

Providing that the Monroney sticker must include the disclaimer: "Actual results will vary for many reasons, including driving conditions and how you drive and maintain your vehicle."