46 Cited authorities

Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 26,228 times 224 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Comcast Corp. v. Behrend
569 U.S. 27 (2013) Cited 2,223 times 232 Legal Analyses
Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"
Amgen Inc. v. Conn. Ret. Plans & Tr. Funds
568 U.S. 455 (2013) Cited 1,814 times 100 Legal Analyses
Holding that certain merits questions “should not be resolved in deciding whether to certify a proposed class,” but are “properly addressed at trial or in a ruling on a summary-judgment motion”
Bridge v. Phoenix Bond & Indem. Co.
553 U.S. 639 (2008) Cited 1,100 times 7 Legal Analyses
Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,662 times 8 Legal Analyses
Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
Hemi Group, LLC v. City of New York
559 U.S. 1 (2010) Cited 761 times 2 Legal Analyses
Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves
In re Tobacco II Cases
46 Cal.4th 298 (Cal. 2009) Cited 1,202 times 35 Legal Analyses
Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
Leyva v. Medline Indus. Inc.
716 F.3d 510 (9th Cir. 2013) Cited 511 times 11 Legal Analyses
Holding that “the presence of individualized damages cannot, by itself, defeat class certification under Rule 23(b) ”
Stutman v. Chemical Bank
95 N.Y.2d 24 (N.Y. 2000) Cited 761 times 5 Legal Analyses
Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation
Wolin v. Jaguar Land Rover North America, LLC
617 F.3d 1168 (9th Cir. 2010) Cited 446 times 7 Legal Analyses
Holding that a putative class action satisfied predominance because the allegations were susceptible to proof by generalized evidence
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,840 times 1232 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Rule 702 - Testimony by Expert Witnesses
Fed. R. Evid. 702 Cited 26,581 times 251 Legal Analyses
Adopting the Daubert standard
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,798 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,920 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,077 times 40 Legal Analyses
Granting civil remedies for RICO violation
Section 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 4,798 times 106 Legal Analyses
Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
Section 17500 - Untrue or misleading advertising
Cal. Bus. & Prof. Code § 17500 Cited 2,652 times 64 Legal Analyses
Requiring action that originated in California to effect consumers in another state
Section 17203 - Injunctive relief
Cal. Bus. & Prof. Code § 17203 Cited 984 times 5 Legal Analyses
Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
Section 93A:9 - Civil actions and remedies; class action; demand for relief; damages; costs; exhausting administrative remedies
Mass. Gen. Laws ch. 93A § 9 Cited 896 times 10 Legal Analyses
Requiring on its face that the "written demand" must "reasonably describ[e] the unfair or deceptive act or practice relied upon and the injury suffered"
Section 1780 - Action by consumer; remedies; senior citizens or disabled persons; costs and attorney's fees
Cal. Civ. Code § 1780 Cited 647 times 3 Legal Analyses
Granting standing to consumers who have suffered damage "as a result of" a violation

Jennifer L Saavedra v. Eli Lilly and Company

46 Cited authorities

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"

Holding that certain merits questions “should not be resolved in deciding whether to certify a proposed class,” but are “properly addressed at trial or in a ruling on a summary-judgment motion”

Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

Holding that “the presence of individualized damages cannot, by itself, defeat class certification under Rule 23(b) ”

Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation

Holding that a putative class action satisfied predominance because the allegations were susceptible to proof by generalized evidence

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Adopting the Daubert standard

Prohibiting unlawful business practices

Defining what the terms “person” and “enterprise” include

Granting civil remedies for RICO violation

Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

Requiring action that originated in California to effect consumers in another state

Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

Requiring on its face that the "written demand" must "reasonably describ[e] the unfair or deceptive act or practice relied upon and the injury suffered"

Granting standing to consumers who have suffered damage "as a result of" a violation