79 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,848 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,215 times   84 Legal Analyses
    Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA
  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,357 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
  5. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,350 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  6. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,359 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
  7. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,689 times   7 Legal Analyses
    Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
  8. Pom Wonderful LLC v. Coca-Cola Co.

    573 U.S. 102 (2014)   Cited 354 times   31 Legal Analyses
    Holding that the FDCA did not bar a Lanham Act claim alleging that a "Pomegranate-Blueberry" juice blend was misleadingly labeled because it contained only 0.3% pomegranate juice and 0.2% blueberry juice
  9. Lockyer v. Mirant Corp.

    398 F.3d 1098 (9th Cir. 2005)   Cited 1,581 times
    Holding that the district court's stay was improper where, among other considerations, "the proceeding in the bankruptcy court [was] unlikely to decide, or contribute to the decision of, the factual and legal issues before the district court"
  10. Mazza v. American Honda Motor Co.

    666 F.3d 581 (9th Cir. 2012)   Cited 1,001 times   51 Legal Analyses
    Holding a class definition as fatally overbroad where many class members learned that the advertising was misleading before purchase
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 361,487 times   960 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,128 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,766 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.

  15. Section 337 - Proceedings in name of United States; provision as to subpoenas

    21 U.S.C. § 337   Cited 693 times   22 Legal Analyses
    Providing that suits to enforce the FDCA generally must be brought "by and in the name of the United States"
  16. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 587 times   61 Legal Analyses
    Setting labeling requirements for food products
  17. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 384 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"
  18. Section 2314 - Implied warranty: merchantability; usage of trade

    Cal. Com. Code § 2314   Cited 334 times   1 Legal Analyses
    Adopting and codifying Uniform Commercial Code § 2-314
  19. Section 101.11 - Nutrition labeling of standard menu items in covered establishments

    21 C.F.R. § 101.11   Cited 4 times   17 Legal Analyses

    (a)Definitions. The definitions of terms in section 201 of the Federal Food, Drug, and Cosmetic Act apply to such terms when used in this section. In addition, for purposes of this section: Authorized official of a restaurant or similar retail food establishment means the owner, operator, agent in charge, or other person authorized by the owner, operator, or agent in charge to register the restaurant or similar retail food establishment, which is not otherwise subject to section 403(q)(5)(H) of the