Aetna Cas. Sur. Co. v. P B Autobody
43 F.3d 1546 (1st Cir. 1994) Cited 276 timesHolding that parties "may be allowed to maintain alternative contentions at least until the evidence is closed"
Emery v. Visa Internat. Service Assn.
95 Cal.App.4th 952 (Cal. Ct. App. 2002) Cited 121 times 3 Legal AnalysesHolding that VISA did not commit an "unfair practice" in failing to stop lottery merchants from improperly using its mark because VISA had "no duty to investigate the truth of statements made by others"
In re Pharm. Indus. Average Wholesale Price Litig.
230 F.R.D. 61 (D. Mass. 2005) Cited 77 times 1 Legal AnalysesDenying class certification motion because " it is not permissible to use methods such as averaging damages to sweep individual issues under the judicial rug"
Clothesrigger, Inc. v. GTE Corp.
191 Cal.App.3d 605 (Cal. Ct. App. 1987) Cited 96 timesHolding trial court erred in denying motion to certify nationwide class without conducting choice of law analysis, where "alleged fraudulent misrepresentations forming the basis of the claim of every [class member] emanated from California"; observing that "California's more favorable laws may properly apply to benefit nonresident plaintiffs when their home states have no identifiable interest in denying such persons full recovery"
In re Pharmaceutical Industry
263 F. Supp. 2d 172 (D. Mass. 2003) Cited 48 times 1 Legal AnalysesHolding that filed rate doctrine did not apply because pharmaceutical companies do not file rates with any agency
Grant v. John Hancock Mut. Life Ins. Co.
183 F. Supp. 2d 344 (D. Mass. 2002) Cited 47 timesHolding that under a “concerted action” theory, the plaintiff “must establish a common plan to commit a tortious act where the participants know of the plan and its purpose and take affirmative steps to encourage the achievement of the result,” id. (quoting Kurker, 44 Mass.App.Ct. at 189, 689 N.E.2d 833)
In re Pharmaceutical Industry Average Wholesale Price Litig
307 F. Supp. 2d 196 (D. Mass. 2004) Cited 23 timesArticulating the requirement that each drug named in the complaint be accompanied by the allegedly fraudulent AWP published for that drug by a named defendant
Bonilla v. Volvo Car Corp.
150 F.3d 62 (1st Cir. 1998) Cited 29 times 1 Legal AnalysesHolding that defendants had no duty to disclose "everything negative that the buyer might be interested in learning about the transaction or item to be purchased."
Northeast Federal Credit Union v. Neves
837 F.2d 531 (1st Cir. 1988) Cited 42 timesVacating and directing district court to dismiss, no diversity jurisdiction existed
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,819 times 315 Legal AnalysesProhibiting unlawful business practices
Section 17500 - Untrue or misleading advertising
Cal. Bus. & Prof. Code § 17500 Cited 2,656 times 64 Legal AnalysesRequiring action that originated in California to effect consumers in another state
Section 17203 - Injunctive relief
Cal. Bus. & Prof. Code § 17203 Cited 984 times 5 Legal AnalysesRequiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct