84 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 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' "
  2. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,670 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  3. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,051 times   16 Legal Analyses
    Holding that " common nucleus of facts and potential legal remedies dominate[d]" over "idiosyncratic differences between state consumer protection laws" where a nationwide class of minivan buyers’ claims turned on "questions of [the manufacturer’s] prior knowledge of the [vehicle’s] deficiency, the design defect, and a damages remedy"
  4. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 549 times   11 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision
  5. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,562 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
  6. 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
  7. Mazza v. American Honda Motor Co.

    666 F.3d 581 (9th Cir. 2012)   Cited 967 times   51 Legal Analyses
    Holding that false advertising "class must be defined in such a way as to include only members who were exposed to advertising that is alleged to be materially misleading"
  8. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 917 times   35 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
  9. Al-Kidd v. Ashcroft

    580 F.3d 949 (9th Cir. 2009)   Cited 781 times   1 Legal Analyses
    Holding that Iqbal does not impose a probability requirement
  10. Steckman v. Hart Brewing, Inc.

    143 F.3d 1293 (9th Cir. 1998)   Cited 1,045 times   1 Legal Analyses
    Holding that the court is “not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint”
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,116 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,916 times   1234 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"
  13. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,658 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state
  14. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,244 times   337 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"
  15. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,166 times   161 Legal Analyses
    Defining “new drug”
  16. Section 352 - Misbranded drugs and devices

    21 U.S.C. § 352   Cited 739 times   73 Legal Analyses
    Setting labeling requirements for drug products
  17. Section 501.204 - Unlawful acts and practices

    Fla. Stat. § 501.204   Cited 704 times   10 Legal Analyses
    Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices in the conduct of any trade or commerce"
  18. Section 1770 - [Operative 7/1/2024]

    Cal. Civ. Code § 1770   Cited 699 times   2 Legal Analyses
    Prohibiting "unfair or deceptive acts or practices"
  19. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 366 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"
  20. 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
  21. Section 201.57 - Specific requirements on content and format of labeling for human prescription drug and biological products described in Section 201.56(b)(1)

    21 C.F.R. § 201.57   Cited 252 times   27 Legal Analyses
    Listing requirements for different subsections for indications, dosage, and clinical studies
  22. Section 201.56 - Requirements on content and format of labeling for human prescription drug and biological products

    21 C.F.R. § 201.56   Cited 85 times   8 Legal Analyses
    Disallowing claims or suggestions of drug use on labeling if there is a lack of substantial evidence
  23. Section 330.10 - Procedures for classifying OTC drugs as generally recognized as safe and effective and not misbranded, and for establishing monographs

    21 C.F.R. § 330.10   Cited 52 times   2 Legal Analyses
    Subjecting "[a]ny product which fails to conform to an applicable monograph" to regulatory action
  24. Section 201.61 - Statement of identity

    21 C.F.R. § 201.61   Cited 3 times

    (a) The principal display panel of an over-the-counter drug in package form shall bear as one of its principal features a statement of the identity of the commodity. (b) Such statement of identity shall be in terms of the established name of the drug, if any there be, followed by an accurate statement of the general pharmacological category(ies) of the drug or the principal intended action(s) of the drug. In the case of an over-the-counter drug that is a mixture and that has no established name,