§Why CasetextPricing

Roldan v. Toys R Us, Inc.

REPLY BRIEF to Opposition to Motion

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    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' "

  3. Oshiver v. Levin, Fishbein, Sedran Berman

    38 F.3d 1380 (3d Cir. 1994)   Cited 2,904 times   4 Legal Analyses
    Holding time limit to file an EEOC charge may be tolled “where the plaintiff in some extraordinary way has been prevented from asserting his or her rights” but noting that a “plaintiff who fails to exercise this reasonable diligence may lose the benefit of [equitable tolling]”

  4. Public Citizen v. Department of Justice

    491 U.S. 440 (1989)   Cited 787 times   16 Legal Analyses
    Holding that plaintiff advocacy organizations' inability to obtain information that Congress made subject to disclosure under the Federal Advisory Committee Act "constitutes a sufficiently distinct injury to provide standing to sue"

  5. Diprospero v. Penn

    183 N.J. 477 (N.J. 2005)   Cited 1,009 times
    Holding that "the plain language of N.J.S.A. § 39:6A-8 does not contain a serious life impact standard" and refusing to read one into "an otherwise clear statute."

  6. United States v. Cabrales

    524 U.S. 1 (1998)   Cited 288 times   2 Legal Analyses
    Holding that for the offense of money laundering in violation of 18 U.S.C. §§ 1956(B) and 1957, the existence of criminally generated proceeds was a circumstance element of the offense and, therefore, that where the laundered funds were unlawfully generated was irrelevant for venue purposes

  7. Com. of Pa. ex Rel. Zimmerman v. Pepsico, Inc.

    836 F.2d 173 (3d Cir. 1988)   Cited 1,377 times   1 Legal Analyses
    Holding that legal theories set forth in a response brief cannot serve to amend a complaint in response to a motion to dismiss

  8. Turbe v. Government of Virgin Islands

    938 F.2d 427 (3d Cir. 1991)   Cited 862 times
    Holding that when a Rule 12(c) motion alleges plaintiff's failure to state a claim upon which relief can be granted, we analyze the motion under the same standard as a Rule 12(b) motion to dismiss

  9. Semerenko v. Cendant Corp.

    223 F.3d 165 (3d Cir. 2000)   Cited 630 times   1 Legal Analyses
    Holding that securities fraud plaintiffs could not prove reasonable reliance on financial statements after they were informed that the statements contained accounting irregularities

  10. Cox v. Sears Roebuck & Co.

    138 N.J. 2 (N.J. 1994)   Cited 636 times   8 Legal Analyses
    Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"

  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 345,981 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. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,998 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"

  13. Section 56:8-1 - Applicability of C.56:8-1 et seq

    N.J. Stat. § 56:8-1   Cited 2,076 times   56 Legal Analyses
    Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

  14. Section 56:8-19 - Action, counterclaim by injured person; recovery of damages, costs

    N.J. Stat. § 56:8-19   Cited 633 times   12 Legal Analyses
    Requiring treble damages and attorney's fees

  15. Section 56:12-14 - Short title

    N.J. Stat. § 56:12-14   Cited 206 times   34 Legal Analyses

    This act shall be known and may be cited as the "Truth-in-Consumer Contract, Warranty and Notice Act." N.J.S. § 56:12-14 L.1981, c.454, s.1.

  16. Section 56:12-17 - Violations; civil liability to aggrieved consumer; action; termination of contract

    N.J. Stat. § 56:12-17   Cited 68 times   9 Legal Analyses

    Any person who violates the provisions of this act shall be liable to the aggrieved consumer for a civil penalty of not less than $100.00 or for actual damages, or both at the election of the consumer, together with reasonable attorney's fees and court costs. This may be recoverable by the consumer in a civil action in a court of competent jurisdiction or as part of a counterclaim by the consumer against the seller, lessor, creditor, lender or bailee or assignee of any of the aforesaid, who aggrieved

  17. Section 13:45A-5.1 - Delivery practices; generally

    N.J. Admin. Code § 13:45A-5.1   Cited 19 times   2 Legal Analyses
    Finding that retailer's breach of warranty in supplying defective furniture and denying that defect existed was not unconscionable

  18. Section 13:45A-5.3 - Contract form; delayed delivery

    N.J. Admin. Code § 13:45A-5.3   Cited 9 times   2 Legal Analyses

    (a) The contract forms or sales documents shall conspicuously disclose the seller's obligations in the case of delayed delivery in compliance with 13:45A-5.1 and shall contain, on the first page of the contract form or sales document, the following notice in ten-point bold face type: If the merchandise ordered by you is not delivered by the promised delivery date, (insert name of seller) must offer you the choice of (1) canceling your order with a prompt, full refund of any payments you have made

  19. Section 13:45A-5.2 - Contract forms; date of order

    N.J. Admin. Code § 13:45A-5.2   Cited 5 times   4 Legal Analyses

    (a) The contract forms or sales documents shall show the date of the order and shall contain the following sentence in ten-point bold face type: The merchandise you have ordered is promised for delivery to you on or before (insert date or length of time agreed upon). (b) The blank for the delivery date referred to in (a) above shall be filled in by the seller at the time the contract of sale is entered into by the parties or when the sales documents are issued, either as a specific day of a specific