56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 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 265,662 times   364 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. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,620 times   504 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”
  4. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 6,939 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
  5. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,666 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  6. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,192 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
  7. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,247 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  8. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,202 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. Zinser v. Accufix Research Inst., Inc.

    253 F.3d 1180 (9th Cir. 2001)   Cited 1,216 times   10 Legal Analyses
    Holding that a putative class did not meet the requirements of Rule 23(b) before discussing the elements of Rule 23.
  10. Denney v. Deutsche Bank AG

    443 F.3d 253 (2d Cir. 2006)   Cited 597 times   9 Legal Analyses
    Holding "no class may be certified that contains members lacking Article III standing"
  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 344,767 times   920 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,845 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,840 times   1232 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"
  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,798 times   315 Legal Analyses
    Prohibiting unlawful business practices
  15. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,663 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.

  16. Section 17203 - Injunctive relief

    Cal. Bus. & Prof. Code § 17203   Cited 984 times   5 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
  17. Section 1780 - Action by consumer; remedies; senior citizens or disabled persons; costs and attorney's fees

    Cal. Civ. Code § 1780   Cited 647 times   3 Legal Analyses
    Granting standing to consumers who have suffered damage "as a result of" a violation
  18. Section 1782 - Notice and demand to correct, repair, replace or rectify goods or services

    Cal. Civ. Code § 1782   Cited 285 times   5 Legal Analyses
    Providing that no action for damages on behalf of a class of consumers may be maintained if a person alleged to have violated section 1770 shows that he or she has identified and notified the members of the class that he or she will remedy the violations upon request and he or she has ceased or will cease to engage in the violations
  19. Section 2607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over

    Cal. Com. Code § 2607   Cited 108 times   1 Legal Analyses
    Stating that a buyer "must, within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of the breach or be barred from any remedy"