32 Cited authorities

  1. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,051 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. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,562 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
  3. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,203 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
  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. Rosario v. Livaditis

    963 F.2d 1013 (7th Cir. 1992)   Cited 734 times   1 Legal Analyses
    Holding that a plaintiff's claim is typical if it arises from the same event or practice giving rise to the claims of other class members and is based on the same legal theory as the class members
  6. Dukes v. Wal-Mart Stores, Inc.

    603 F.3d 571 (9th Cir. 2010)   Cited 253 times   20 Legal Analyses
    Arguing that inadmissible expert testimony cannot be used to meet Rule 23
  7. Morgan v. AT&T Wireless Services Inc.

    177 Cal.App.4th 1235 (Cal. Ct. App. 2009)   Cited 250 times
    Holding "a fraudulent business practice is one that is likely to deceive members of the public"
  8. Weinstat v. Dentsply International, Inc.

    180 Cal.App.4th 1213 (Cal. Ct. App. 2010)   Cited 225 times
    Holding that "the concept of reliance has been purposefully abandoned" for express warranty claims under the California UCC
  9. In re Vioxx Class Cases

    180 Cal.App.4th 116 (Cal. Ct. App. 2009)   Cited 185 times   7 Legal Analyses
    Explaining that restitution is equal to the difference between what the plaintiff paid and the value she received in return
  10. Dukes v. Wal-Mart

    509 F.3d 1168 (9th Cir. 2007)   Cited 179 times   1 Legal Analyses
    Finding those class members "who were no longer Wal-mart employees at the time Plaintiffs' complaint was filed" would not possess standing to pursue injunctive relief as they would not benefit from the injunction
  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,755 times   141 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,916 times   1234 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  13. Section 355 - New drugs

    21 U.S.C. § 355   Cited 2,244 times   337 Legal Analyses
    Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
  14. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,166 times   161 Legal Analyses
    Defining “new drug”
  15. Section 352 - Misbranded drugs and devices

    21 U.S.C. § 352   Cited 739 times   73 Legal Analyses
    Setting labeling requirements for drug products
  16. 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
  17. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 568 times   59 Legal Analyses
    Setting labeling requirements for food products
  18. Section 101.14 - Health claims: general requirements

    21 C.F.R. § 101.14   Cited 62 times   6 Legal Analyses
    Defining a health claim as a "claim made on the label or in labeling of a food . . . that expressly or by implication . . . characterizes the relationship of any substance to a disease or health-related condition"
  19. Section 201.128 - Meaning of "intended uses"

    21 C.F.R. § 201.128   Cited 46 times   36 Legal Analyses

    The words intended uses or words of similar import in §§ 201.5 , 201.115 , 201.117 , 201.119 , 201.120 , 201.122 , and 1100.5 of this chapter refer to the objective intent of the persons legally responsible for the labeling of an article (or their representatives). The intent may be shown by such persons' expressions, the design or composition of the article, or by the circumstances surrounding the distribution of the article. This objective intent may, for example, be shown by labeling claims, advertising

  20. Section 310.528 - Drug products containing active ingredients offered over-the-counter (OTC) for use as an aphrodisiac

    21 C.F.R. § 310.528   Cited 8 times
    In 21 C.F.R. § 310.528, the FDA determined: “Any product that bears labeling claims that it will arouse or increase sexual desire, or that it will improve sexual performance, is an aphrodisiac drug” that must be approved as a new drug before it is marketed.