63 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 249,650 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 263,703 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. Mazza v. American Honda Motor Co.

    666 F.3d 581 (9th Cir. 2012)   Cited 961 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"
  4. Hangman Ridge v. Safeco Title

    105 Wn. 2d 778 (Wash. 1986)   Cited 1,216 times   4 Legal Analyses
    Holding that a plaintiff must demonstrate the alleged injuries were caused by the deceptive acts of the defendant to make out a claim under the WCPA
  5. Hodgers-Durgin v. De La Vina

    199 F.3d 1037 (9th Cir. 1999)   Cited 531 times   2 Legal Analyses
    Holding that "federal law does not preclude local enforcement of the criminal provisions" of federal immigration law
  6. Clark v. Cable

    523 F.3d 1110 (9th Cir. 2008)   Cited 290 times   7 Legal Analyses
    Holding that an action by a telephone user against a cable operator was within the primary jurisdiction of the F.C.C.
  7. Reid v. Johnson & Johnson

    780 F.3d 952 (9th Cir. 2015)   Cited 212 times   6 Legal Analyses
    Holding that the FDCA “does not preempt state law-based causes of action that are identical to the federal labeling requirements”
  8. Aspinall v. Philip Morris Companies, Inc.

    442 Mass. 381 (Mass. 2004)   Cited 259 times   5 Legal Analyses
    Holding that conduct is actionably “deceptive when it has the capacity to mislead consumers, acting reasonably under the circumstances, to act differently from the way they otherwise would have acted (i.e., to entice a reasonable consumer to purchase the product)”
  9. Freeman v. Time, Inc.

    68 F.3d 285 (9th Cir. 1995)   Cited 320 times   7 Legal Analyses
    Holding that promotional mailers for sweepstakes were not likely to deceive reasonable consumers because the mailers themselves contained qualifying language
  10. Stiley v. Block

    130 Wn. 2d 486 (Wash. 1996)   Cited 307 times
    Holding that a plaintiff must establish nine elements to state a claim for fraud, including his “right to rely upon” a “representation of an existing fact”
  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 342,514 times   917 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,711 times   314 Legal Analyses
    Prohibiting unlawful business practices
  13. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,780 times   8 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  14. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,642 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.

  15. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,636 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state
  16. Section 17.50 - Relief for Consumers

    Tex. Bus. & Com. Code § 17.50   Cited 1,452 times   5 Legal Analyses
    Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty
  17. Section 93A:2 - Unfair practices; legislative intent; rules and regulations

    Mass. Gen. Laws ch. 93A § 2   Cited 1,298 times   18 Legal Analyses
    Granting Massachusetts attorney general the authority to make rules and regulations interpreting section 2
  18. Section 17.46 - Deceptive Trade Practices Unlawful

    Tex. Bus. & Com. Code § 17.46   Cited 988 times   10 Legal Analyses
    Providing that a violation occurs based on “ filing suit founded upon ... extensions of credit ... in any county other than in the county in which the defendant resides at the time of the commencement of the action or in the county in which the defendant in fact signed the contract”
  19. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 980 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
  20. Section 1780 - Action by consumer; remedies; senior citizens or disabled persons; costs and attorney's fees

    Cal. Civ. Code § 1780   Cited 644 times   3 Legal Analyses
    Granting standing to consumers who have suffered damage "as a result of" a violation
  21. Section 101.22 - Foods; labeling of spices, flavorings, colorings and chemical preservatives

    21 C.F.R. § 101.22   Cited 130 times   13 Legal Analyses
    Using vanilla as an example of a "characterizing flavor"