83 Cited authorities

  1. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,052 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"
  2. Gratz v. Bollinger

    539 U.S. 244 (2003)   Cited 427 times   17 Legal Analyses
    Holding that the "administrative challenges" of "providing individualized consideration" do not justify bypassing "narrow tailor[ing]"
  3. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.

    489 U.S. 141 (1989)   Cited 566 times   16 Legal Analyses
    Holding that a state law prohibiting people from copying unpatentable boat hull designs was preempted because it sought to provide patent-like protection to boat designs not protectable by patent laws and it "contravenes the ultimate goal of public disclosure and use that is the centerpiece of federal patent policy"
  4. Armstrong v. Davis

    275 F.3d 849 (9th Cir. 2001)   Cited 747 times   3 Legal Analyses
    Holding that " Garrett makes clear that . . . there is no barrier to the injunction against Nielson in his official capacity as Secretary of the Board [under the ADA]."
  5. Kasky v. Nike

    27 Cal.4th 939 (Cal. 2002)   Cited 668 times   6 Legal Analyses
    Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL
  6. Cortez v. Purolator Air Filtration Products Co.

    23 Cal.4th 163 (Cal. 2000)   Cited 555 times   1 Legal Analyses
    Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"
  7. Barnes v. American Tobacco Company

    161 F.3d 127 (3d Cir. 1998)   Cited 559 times   3 Legal Analyses
    Holding that the decision of a district court to decertify a class should be reviewed for an abuse of discretion
  8. Blackie v. Barrack

    524 F.2d 891 (9th Cir. 1975)   Cited 1,137 times   8 Legal Analyses
    Holding that the need to determine individualized damages does not defeat class certification
  9. In re First Alliance Mortg. Co.

    471 F.3d 977 (9th Cir. 2006)   Cited 386 times
    Holding that California law requires clear and convincing evidence of fraud, oppression, or malice
  10. Moore v. Regents of University of California

    51 Cal.3d 120 (Cal. 1990)   Cited 608 times   1 Legal Analyses
    Holding that in obtaining a patient's consent to a procedure, "a physician must disclose personal interests unrelated to the patient's health, whether research or economic, that may affect the physician's professional judgment"
  11. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,421 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
  12. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 984 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
  13. Section 1770 - [Operative 7/1/2024]

    Cal. Civ. Code § 1770   Cited 699 times   2 Legal Analyses
    Prohibiting "unfair or deceptive acts or practices"
  14. Section 1780 - Action by consumer; remedies; senior citizens or disabled persons; costs and attorney's fees

    Cal. Civ. Code § 1780   Cited 648 times   3 Legal Analyses
    Granting standing to consumers who have suffered damage "as a result of" a violation
  15. Section 2224 - Involuntary trustee of thing gained by fraud, accident, mistake or undue influence

    Cal. Civ. Code § 2224   Cited 418 times
    Naming person who "gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act" as an "involuntary trustee of the thing gained"
  16. Section 1782 - Notice and demand to correct, repair, replace or rectify goods or services

    Cal. Civ. Code § 1782   Cited 285 times   5 Legal Analyses
    Providing that no action for damages on behalf of a class of consumers may be maintained if a person alleged to have violated section 1770 shows that he or she has identified and notified the members of the class that he or she will remedy the violations upon request and he or she has ceased or will cease to engage in the violations
  17. Section 2223 - Involuntary trustee of thing wrongfully detained

    Cal. Civ. Code § 2223   Cited 186 times

    One who wrongfully detains a thing is an involuntary trustee thereof, for the benefit of the owner. Ca. Civ. Code § 2223 Repealed and added by Stats. 1986, Ch. 820, Sec. 8. Operative July 1, 1987, by Sec. 43 of Ch. 820.

  18. Section 17550.15 - Trust account

    Cal. Bus. & Prof. Code § 17550.15   Cited 9 times

    (a) This section applies to a seller of travel as defined in Section 17550.1. (b) The seller of travel shall deposit directly into a trust account in a federally insured bank, savings and loan association, or credit union 100 percent of all sums received from any person or entity, including, but not limited to, those payments made in cash, by credit card, or any other method of payment, for air or sea transportation for any person, or for any travel services offered by the seller of travel, and any

  19. Section 17550.1 - "Seller of travel" defined

    Cal. Bus. & Prof. Code § 17550.1   Cited 3 times

    (a) "Seller of travel" means a person who sells, provides, furnishes, contracts for, arranges, or advertises that he or she can or may arrange, or has arranged, wholesale or retail, either of the following: (1) Air or sea transportation either separately or in conjunction with other travel services. (2) Land or water vessel transportation, other than sea carriage, either separately or in conjunction with other travel services if the total charge to the passenger exceeds three hundred dollars ($300)

  20. Section 17550.2 - "Advertise" defined

    Cal. Bus. & Prof. Code § 17550.2

    "Advertise" means to make any representation in the solicitation of air or sea transportation, and includes communication with other members of the same partnership, corporation, joint venture, association, organization, group, or other entity. Ca. Bus. and Prof'l. Code § 17550.2 Added by Stats. 1994, Ch. 1123, Sec. 2. Effective January 1, 1995. Section operative January 1, 1995, pursuant to Section 17550.33 (later repealed).