216 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,637 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  2. Comcast Corp. v. Behrend

    569 U.S. 27 (2013)   Cited 2,232 times   232 Legal Analyses
    Holding that at the class certification stage, "any model supporting a plaintiff's damages case must be consistent with its liability case"
  3. Hanlon v. Chrysler Corp.

    150 F.3d 1011 (9th Cir. 1998)   Cited 3,052 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"
  4. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,604 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"
  5. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,564 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
  6. Staton v. Boeing Co.

    327 F.3d 938 (9th Cir. 2003)   Cited 1,926 times   6 Legal Analyses
    Holding that "named plaintiffs ... are eligible for reasonable incentive payments" in addition to reimbursement "for their substantiated litigation expenses, and identifiable services rendered to the class directly under the supervision of class counsel"
  7. 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
  8. Clemens v. DaimlerChrysler Corp.

    530 F.3d 852 (9th Cir. 2008)   Cited 911 times   5 Legal Analyses
    Holding that "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"
  9. Oshana v. Coca-Cola Co.

    472 F.3d 506 (7th Cir. 2006)   Cited 820 times   7 Legal Analyses
    Holding that the typicality requirement was not satisfied where the plaintiff's proposed class "include[d] people who knew fountain Diet Coke contained saccharin and bought it anyway" when the plaintiff "claim[ed] she was deceived and injured"
  10. Ga. Malone & Co. v. Rieder

    2012 N.Y. Slip Op. 5200 (N.Y. 2012)   Cited 657 times   3 Legal Analyses
    Holding agent did not intend to be personally bound to the contract when he "only signed the contract once, rather than signing twice, which is the general practice when an individual wishes to be personally bound"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,885 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,931 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 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,837 times   315 Legal Analyses
    Prohibiting unlawful business practices
  14. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,671 times   67 Legal Analyses

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

  15. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,658 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state
  16. Section 815 ILCS 505/1

    815 ILCS 505/1   Cited 2,169 times   14 Legal Analyses
    Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"
  17. Section 16.003 - Two-Year Limitations Period

    Tex. Civ. Prac. & Rem. Code § 16.003   Cited 2,089 times   7 Legal Analyses
    Providing a two-year limitations period for personal injury actions
  18. Section 17.46 - Deceptive Trade Practices Unlawful

    Tex. Bus. & Com. Code § 17.46   Cited 994 times   10 Legal Analyses
    Providing that a violation occurs based on “ filing suit founded upon ... extensions of credit ... in any county other than in the county in which the defendant resides at the time of the commencement of the action or in the county in which the defendant in fact signed the contract”
  19. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 972 times   8 Legal Analyses

    This part shall be known and may be cited as the "Florida Deceptive and Unfair Trade Practices Act." Fla. Stat. § 501.201 s. 1, ch. 73-124.

  20. Section 109:4-3-01 - Construction and purpose of rules; severability; definitions

    Ohio Admin. Code 109:4-3-01   Cited 29 times
    Defining "service" as including, inter alia, "the construction of a single-family dwelling unit by a supplier on the real property of a consumer"