§Why CasetextPricing

Kaylee Browning et al v. Unilever United States, Inc.

NOTICE OF MOTION AND MOTION to Dismiss Case or Stay and Motion to Strike

90 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 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 265,662 times   364 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. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 7,357 times   436 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing

  4. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,747 times   138 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"

  5. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,633 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  6. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,192 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

  7. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,247 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  8. Cahill v. Liberty Mut. Ins. Co.

    80 F.3d 336 (9th Cir. 1996)   Cited 3,294 times
    Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

  9. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,248 times   6 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"

  10. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,559 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  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 344,767 times   920 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 38,845 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,663 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  14. Section 2314 - Implied warranty: merchantability; usage of trade

    Cal. Com. Code § 2314   Cited 319 times   1 Legal Analyses
    Adopting and codifying Uniform Commercial Code § 2-314

  15. Section 2 - Definitions

    N.Y. Econ. Dev. Law § 2   Cited 9 times

    Whenever used in this chapter: 1. "Department" shall mean the state department of economic development. 2. "Commissioner" shall mean the commissioner of economic development. 3. The term "atomic energy" means all forms of energy released in the course of nuclear fission or nuclear fusion or other nuclear transformation. 4. The term "science oriented industry and applied research" means industrial or commercial activities and applied research in the fields of atomic energy, space development, marine

  16. Section 1 - Short title

    N.Y. Gen. Bus. Law § 1

    This chapter shall be known as the "General Business Law." N.Y. Gen. Bus. Law § 1