152 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,211 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 268,004 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,979 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"
  4. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,185 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
  5. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,968 times   69 Legal Analyses
    Holding that courts are "bound to enforce" Rule 23's certification requirements, even where it means decertifying a class after they had reached a settlement agreement and submitted it to the court for approval
  6. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,911 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
  7. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,569 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
  8. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,214 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
  9. Sierra Club v. Morton

    405 U.S. 727 (1972)   Cited 2,787 times   3 Legal Analyses
    Holding that plaintiff-organization did not establish Article III standing for injunctive relief where the organization failed to show that its members would be affected by the actions it sought to enjoin
  10. Ortiz v. Fibreboard Corp.

    527 U.S. 815 (1999)   Cited 931 times   18 Legal Analyses
    Holding that "a fairness hearing under Rule 23(e) is no substitute for rigorous adherence to those provisions of the Rule designed to protect absentees"
  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 347,418 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 39,030 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 17,886 times   315 Legal Analyses
    Prohibiting unlawful business practices
  14. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,257 times   79 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
  15. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,862 times   564 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
  16. Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

    18 U.S.C. § 2511   Cited 2,787 times   42 Legal Analyses
    Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”
  17. Section 2301 - Definitions

    15 U.S.C. § 2301   Cited 2,523 times   36 Legal Analyses
    Including as consumers those entitled to enforce a warranty "under applicable State law"
  18. Section 2310 - Remedies in consumer disputes

    15 U.S.C. § 2310   Cited 1,607 times   10 Legal Analyses
    Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"
  19. Section 17.50 - Relief for Consumers

    Tex. Bus. & Com. Code § 17.50   Cited 1,459 times   5 Legal Analyses
    Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty
  20. Section 42-110a - Definitions

    Conn. Gen. Stat. § 42-110a   Cited 975 times   7 Legal Analyses

    As used in this chapter: (1) "Commissioner" means the Commissioner of Consumer Protection; (2) "Documentary material" means the original or a copy of a book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or recording, wherever situate; (3) "Person" means a natural person, corporation, limited liability company, trust, partnership, incorporated or unincorporated association, and any other legal entity; (4)