§Why CasetextPricing

Jennifer Red et al v. The Kroger Company

MEMORANDUM in Support of MOTION to Dismiss First Amended Complaint 21

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,033 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 267,838 times   366 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. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,009 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  4. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 4,977 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

  5. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,211 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

  6. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,261 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  7. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,427 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  8. Maryland v. Louisiana

    451 U.S. 725 (1981)   Cited 1,016 times   7 Legal Analyses
    Holding a state law claim as preempted because "it interferes with federal regulation"

  9. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,203 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

  10. Robertson v. Dean Witter Reynolds, Inc.

    749 F.2d 530 (9th Cir. 1984)   Cited 1,550 times
    Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order

  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 347,250 times   923 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,016 times   320 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,881 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,317 times   321 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  15. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,676 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.

  16. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,665 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state

  17. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,428 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  18. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 570 times   59 Legal Analyses
    Setting labeling requirements for food products

  19. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 364 times   26 Legal Analyses
    Preempting state laws that conflict, inter alia, with federal law requiring foods to indicate: the name and location of the manufacturer, as well as the weight or quantity of food contained in a package; and the percentage of fruit or vegetable juice contained in a beverage

  20. Section 341 - Definitions and standards for food

    21 U.S.C. § 341   Cited 144 times   6 Legal Analyses
    Authorizing administrative regulations to establish a "reasonable definition and standard of identity" for "any food"

  21. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 166 times   10 Legal Analyses
    In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.

  22. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 140 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling

  23. Section 100.1 - Petitions requesting exemption from preemption for State or local requirements

    21 C.F.R. § 100.1   Cited 104 times   1 Legal Analyses
    Explaining the meaning of "not identical"

  24. Section 101.62 - Nutrient content claims for fat, fatty acid, and cholesterol content of foods

    21 C.F.R. § 101.62   Cited 25 times   4 Legal Analyses

    (a)General requirements. A claim about the level of fat, fatty acid, and cholesterol in a food may only be made on the label or in the labeling of foods if: (1) The claim uses one of the terms defined in this section in accordance with the definition for that term; (2) The claim is made in accordance with the general requirements for nutrient content claims in § 101.13 ; (3) The food for which the claim is made is labeled in accordance with § 101.9 , § 101.10 , or § 101.36 , as applicable; and (4)