59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 265,271 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 278,436 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,063 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,208 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"
  5. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,343 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. Manzarek v. Marine

    519 F.3d 1025 (9th Cir. 2008)   Cited 2,936 times   1 Legal Analyses
    Holding that in evaluating a complaint on a motion to dismiss, the court “accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party”
  7. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,940 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
  8. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,473 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"
  9. Bates v. U. P. S

    511 F.3d 974 (9th Cir. 2007)   Cited 768 times   10 Legal Analyses
    Holding where claim involved facially discriminatory qualification standard, the Teamsters burden-shifting protocol is inapplicable
  10. White v. Ultramar, Inc.

    21 Cal.4th 563 (Cal. 1999)   Cited 473 times   4 Legal Analyses
    Holding that a single act of retaliatory termination demonstrated that a middle manager "determined corporate policy"
  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 359,794 times   954 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 40,018 times   334 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,329 times   316 Legal Analyses
    Prohibiting unlawful business practices
  14. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,863 times   11 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  15. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,757 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 2,751 times   65 Legal Analyses
    Requiring action that originated in California to effect consumers in another state
  17. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,278 times   355 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
  18. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,535 times   108 Legal Analyses
    Prohibiting the sale of adulterated foods
  19. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,178 times   171 Legal Analyses
    Defining “new drug”
  20. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 1,014 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
  21. Section 740.1 - Establishment of warning statements

    21 C.F.R. § 740.1   Cited 9 times

    (a) The label of a cosmetic product shall bear a warning statement whenever necessary or appropriate to prevent a health hazard that may be associated with the product. (b) The Commissioner of Food and Drugs, either on his own initiative or on behalf of any interested person who has submitted a petition, may publish a proposal to establish or amend, under subpart B of this part, a regulation prescribing a warning for a cosmetic. Any such petition shall include an adequate factual basis to support

  22. Section 740.10 - Labeling of cosmetic products for which adequate substantiation of safety has not been obtained

    21 C.F.R. § 740.10   Cited 1 times   2 Legal Analyses

    (a) Each ingredient used in a cosmetic product and each finished cosmetic product shall be adequately substantiated for safety prior to marketing. Any such ingredient or product whose safety is not adequately substantiated prior to marketing is misbranded unless it contains the following conspicuous statement on the principal display panel: Warning-The safety of this product has not been determined. (b) An ingredient or product having a history of use in or as a cosmetic may at any time have its