Ashcroft v. Iqbal

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Bell Atl. Corp. v. Twombly

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' "

Daubert v. Merrell Dow Pharmaceuticals, Inc.

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Abrego Abrego v. the Dow Chemical Co.

Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant

Sprewell v. Golden State Warriors

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Vess v. Ciba-Geigy Corp. USA

Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

Arista Records v. Doe 3

Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"

Franklin v. Gwinnett County Public Schools

Holding that when "remedies are equitable in nature ... it is axiomatic that a court should determine the adequacy of a remedy in law before resorting to equitable relief"

Kearns v. Ford Motor Co.

Holding that circumstances constituting fraud must be stated with particularity

Knievel v. ESPN

Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 9 - Pleading Special Matters

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

Section 17200 - Unfair competition defined

Prohibiting unlawful business practices

Section 45 - Unfair methods of competition unlawful; prevention by Commission

Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

Section 1750 - Title of act

Section 2301 - Definitions

Including as consumers those entitled to enforce a warranty "under applicable State law"

Section 2310 - Remedies in consumer disputes

Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"

Section 501.201 - Short title

Section 50-623 - Kansas consumer protection act; purpose; construction

Outlining policy bases of KCPA