98 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,939 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 265,907 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,768 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. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,942 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
  5. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,496 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
  6. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,816 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  7. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,400 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  8. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,959 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
  9. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,560 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
  10. Ellis v. Costco Wholesale Corp.

    657 F.3d 970 (9th Cir. 2011)   Cited 1,117 times   17 Legal Analyses
    Holding that plaintiffs' commonality must connect to their claim for class relief
  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 345,027 times   921 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,769 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,801 times   106 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
  14. Section 2072 - Rules of procedure and evidence; power to prescribe

    28 U.S.C. § 2072   Cited 1,800 times   37 Legal Analyses
    Granting the Supreme Court, not the parties, authority to "prescribe general rules of practice and procedure" for federal district court cases
  15. Section 350 - False advertising unlawful

    N.Y. Gen. Bus. Law § 350   Cited 987 times   23 Legal Analyses
    Prohibiting false advertising
  16. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 958 times   4 Legal Analyses
    Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"
  17. Section 614.1 - Period

    Iowa Code § 614.1   Cited 595 times   2 Legal Analyses
    Noting “[t]his section, as amended by Acts 2017 (87 G.A.) ch. 64, S.F. 413, does not apply to an improvement to real property in existence prior to the effective date of this Act [July 1, 2017]...”
  18. Section 17535 - Injunctive relief

    Cal. Bus. & Prof. Code § 17535   Cited 371 times   1 Legal Analyses
    Granting the city attorney authority to sue under the FAL in terms largely identical to those used in the UCL
  19. Section 2-607 - Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over

    N.Y. U.C.C. Law § 2-607   Cited 244 times

    (1) The buyer must pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for non-conformity. (3) Where a tender has been accepted (a) the buyer must within a reasonable

  20. Section 13-80-101 - General limitation of actions - three years

    Colo. Rev. Stat. § 13-80-101   Cited 219 times
    Stating that "[a]ll contract actions" must be commenced "within three years after the cause of action accrues, and not thereafter"