195 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 172,000 times   246 Legal Analyses
    Holding that a "'naked assertion[]' devoid of 'further factual enhancement'" does not adequately state a claim on which relief can be granted (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557 (2007))
  2. Bell Atl. Corp. v Twombly

    550 U.S. 544 (2007)   Cited 189,282 times   329 Legal Analyses
    Holding that a complaint must plead "enough facts to state a claim to relief that is plausible on its face"
  3. Amchem Prods., Inc. v. Windsor

    521 U.S. 591 (1997)   Cited 5,646 times   66 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
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 52,482 times   27 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  5. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 12,653 times   2 Legal Analyses
    Holding that Twombly did not “undermine principle” that all reasonable inferences are to be drawn in favor of the plaintiff, and reaffirming that “the facts alleged must be taken as true and a complaint may not be dismissed merely because it appears unlikely that the plaintiff can prove those facts or will ultimately prevail on the merits”
  6. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 800 times   38 Legal Analyses
    Holding that a Federal Rule of Civil Procedure governs the circumstances to which it applies unless it is unconstitutional or exceeds the scope of the Rules Enabling Act, which provides that the Federal Rules of Civil Procedure "shall not abridge, enlarge, or modify any substantive right [28 U.S.C.] § 2072(b)"
  7. Illinois Brick Co. v. Illinois

    431 U.S. 720 (1977)   Cited 1,126 times   54 Legal Analyses
    Holding that indirect purchasers generally lack standing to enforce federal antitrust laws
  8. Cel-Tech Com. Inc. v. Los Angeles Cellular Tel. Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 1,916 times   20 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  9. Korea Supply Company v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,199 times   12 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
  10. California v. Arc America Corp.

    490 U.S. 93 (1989)   Cited 452 times   3 Legal Analyses
    Holding that the Sherman Act, which does not allow indirect purchaser actions, does not preempt state laws that allow indirect purchasers to obtain relief
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 110,054 times   177 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 25,984 times   1016 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

    Cal. Bus. and Prof'l. Code § 17200   Cited 12,444 times   249 Legal Analyses
    Prohibiting unlawful business practices
  14. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,367 times   331 Legal Analyses
    Requiring the Federal Trade Commission to serve a "complaint" on a party suspected of engaging in an unfair method of competition
  15. Section 75-1.1 - Methods of competition, acts and practices regulated; legislative policy

    N.C. Gen. Stat. § 75-1.1   Cited 1,590 times   101 Legal Analyses
    Declaring unlawful "unfair or deceptive acts or practices in or affecting commerce"
  16. Section 901 - Prerequisites to a class action

    N.Y. C.P.L.R. § 901   Cited 773 times   6 Legal Analyses
    Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"
  17. Section 501.201 - Short title

    Fla. Stat. § 501.201   Cited 744 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.

  18. Section 93A:9 - Civil actions and remedies; class action; demand for relief; damages; costs; exhausting administrative remedies

    Mass. Gen. Laws ch. 93A § 9   Cited 631 times   4 Legal Analyses
    Allowing “[a]ny person ... who has been injured” to bring a private action even if that person is not a consumer and not otherwise in privity with the purchaser
  19. Section 501.204 - Unlawful acts and practices

    Fla. Stat. § 501.204   Cited 548 times   8 Legal Analyses
    Prohibiting "[u]nfair methods of competition, unconscionable acts or practices, and unfair or deceptive acts or practices"
  20. Section 17203

    Cal. Bus. and Prof'l. Code § 17203   Cited 543 times   3 Legal Analyses
    Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct