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Rapoport-Hecht v. Seventh Generation, Inc.

MEMORANDUM OF LAW in Support re: 25 MOTION to Strike Document No. 1 Defendant Seventh Generation Inc.'s Notice of Motion and Motion to Strike Class Allegations

63 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,950 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

  3. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,083 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"

  4. Goshen v. Mut. Life Ins. Co. of New York

    98 N.Y.2d 314 (N.Y. 2002)   Cited 3,373 times   1 Legal Analyses
    Holding that disclaimers "do not establish a defense as a matter of law"

  5. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,481 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules

  6. Smith v. Bayer Corp.

    564 U.S. 299 (2011)   Cited 483 times   46 Legal Analyses
    Holding plaintiff’s claim could not be enjoined because he was not a party to prior action

  7. Myers v. Hertz Corp.

    624 F.3d 537 (2d Cir. 2010)   Cited 1,220 times   6 Legal Analyses
    Holding that district courts have the discretion to certify a collective action by facilitating notice to potential plaintiffs of the "pendency of the action and of their opportunity to opt-in as represented plaintiffs"

  8. 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

  9. Mazza v. American Honda Motor Co.

    666 F.3d 581 (9th Cir. 2012)   Cited 967 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"

  10. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,516 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

  11. 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"

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,833 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 17.50 - Relief for Consumers

    Tex. Bus. & Com. Code § 17.50   Cited 1,456 times   5 Legal Analyses
    Recognizing that a deceptive trade practice claim may consist of a breach of an implied warranty

  14. Section 42-110g - Action for damages. Class actions. Costs and fees. Equitable relief. Jury trial

    Conn. Gen. Stat. § 42-110g   Cited 448 times   2 Legal Analyses
    Allowing plaintiff to recover "actual damages" and permitting the court, "in its discretion, [to] award punitive damages"

  15. Section 8-19-10 - Private right of action

    Ala. Code § 8-19-10   Cited 78 times   1 Legal Analyses
    Providing that "a reasonable attorney's fee" may be recovered in "any successful [DTPA] action"

  16. Section 48-608 - LOSS FROM PURCHASE OR LEASE - ACTUAL AND PUNITIVE DAMAGES

    Idaho Code § 48-608   Cited 49 times
    Creating a private right of action for "[a]ny person who purchases or leases goods or services and thereby suffers any ascertainable loss of money or property, real or personal, as a result of the use or employment by another person of a method, act or practice declared unlawful by this chapter"

  17. Section 40-12-108 - Private remedies

    Wyo. Stat. § 40-12-108   Cited 4 times

    (a) A person relying upon an uncured unlawful deceptive trade practice may bring an action under this act for the damages he has actually suffered as a consumer as a result of such unlawful deceptive trade practice. (b) Any person who is entitled to bring an action under subsection (a) of this section on his own behalf against an alleged violator of this act for damages for an unlawful deceptive trade practice may bring a class action against such person on behalf of any class of persons of which

  18. Section 598.0979 - Restraining orders; injunctions; assurances of discontinuance

    Nev. Rev. Stat. § 598.0979   Cited 2 times

    1. Notwithstanding the requirement of knowledge as an element of a deceptive trade practice, when the Commissioner or Director has cause to believe that a person has engaged or is engaging in any deceptive trade practice, knowingly or otherwise, he or she may request in writing that the Attorney General represent him or her in instituting an appropriate legal proceeding, including, without limitation, an application for an injunction or temporary restraining order prohibiting the person from continuing