§Why CasetextPricing

Richard Hall v. Diamond Foods, Inc.

RESPONSE

48 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,349 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  4. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,615 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  5. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 970 times   36 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

  6. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 965 times
    Setting forth elements of a FHA claim

  7. Kasky v. Nike

    27 Cal.4th 939 (Cal. 2002)   Cited 681 times   7 Legal Analyses
    Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL

  8. Daugherty v. American Honda Motor Co., Inc.

    144 Cal.App.4th 824 (Cal. Ct. App. 2006)   Cited 583 times   7 Legal Analyses
    Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

  9. Rubio v. Capital One Bank

    613 F.3d 1195 (9th Cir. 2010)   Cited 408 times   2 Legal Analyses
    Holding that closing a credit card account and losing the credit extended by the bank and/or keeping an account open and accepting a higher APR would result in economic injury sufficient for UCL standing

  10. Paulus v. Bob Lynch Ford, Inc.

    139 Cal.App.4th 659 (Cal. Ct. App. 2006)   Cited 326 times
    Concluding the plaintiff "abandoned any challenge" to an order striking his claims for abuse of process and for intentional interference "because of his failure to address the matter in his opening brief"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,766 times   68 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  14. Section 301 - Short title

    21 U.S.C. § 301   Cited 2,470 times   48 Legal Analyses

    This chapter may be cited as the Federal Food, Drug, and Cosmetic Act. 21 U.S.C. § 301 June 25, 1938, ch. 675, §1, 52 Stat. 1040. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE; POSTPONEMENT IN CERTAIN CASES Act June 23, 1939, ch. 242, §§1, 2, 53 Stat. 853, 854, provided that:"[SEC. 1] (a) The effective date of the following provisions of the Federal Food, Drug, and Cosmetic Act is hereby postponed until January 1, 1940: Sections 402(c) [342(c) of this title]; 403(e)(1) [343(e)(1) of this

  15. Section 321 - Definitions; generally

    21 U.S.C. § 321   Cited 1,181 times   174 Legal Analyses
    Defining “new drug”

  16. Section 109875 - Short title

    Cal. Health & Saf. Code § 109875   Cited 102 times   6 Legal Analyses

    This part shall be known as the Sherman Food, Drug, and Cosmetic Law. Ca. Health and Saf. Code § 109875 Added by Stats. 1995, Ch. 415, Sec. 6. Effective January 1, 1996.

  17. Section 111825 - Imprisonment and fine

    Cal. Health & Saf. Code § 111825   Cited 3 times

    (a) A person who violates a provision of this part or a regulation adopted pursuant to this part shall, if convicted, be subject to imprisonment for not more than one year in a county jail or a fine of not more than one thousand dollars ($1,000), or both the imprisonment and fine. (b) Notwithstanding subdivision (a), a person who violates Section 111865 by removing, selling, or disposing of an embargoed food, drug, device, or cosmetic without the permission of an authorized agent of the department

  18. Section 101.13 - Nutrient content claims-general principles

    21 C.F.R. § 101.13   Cited 171 times   11 Legal Analyses
    In 21 C.F.R. § 101.13, the FDA lists general principles regulating nutrient content claims-claims that expressly or implicitly characterize the level of a nutrient.

  19. Section 101.62 - Nutrient content claims for fat, fatty acid, and cholesterol content of foods

    21 C.F.R. § 101.62   Cited 25 times   5 Legal Analyses

    (a)General requirements. A claim about the level of fat, fatty acid, and cholesterol in a food may only be made on the label or in the labeling of foods if: (1) The claim uses one of the terms defined in this section in accordance with the definition for that term; (2) The claim is made in accordance with the general requirements for nutrient content claims in § 101.13 ; (3) The food for which the claim is made is labeled in accordance with § 101.9 , § 101.10 , or § 101.36 , as applicable; and (4)