43 Cited authorities

  1. Spokeo, Inc. v. Robins

    578 U.S. 330 (2016)   Cited 8,255 times   444 Legal Analyses
    Holding that a statutory violation, without more, did not give rise to Article III standing
  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,335 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  3. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,097 times   14 Legal Analyses
    Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"
  4. Federal Election Comm'n v. Akins

    524 U.S. 11 (1998)   Cited 806 times   16 Legal Analyses
    Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement
  5. Diamond v. Charles

    476 U.S. 54 (1986)   Cited 1,212 times   5 Legal Analyses
    Holding that assessment of attorney's fees against a party does not confer standing to pursue the action on appeal
  6. Pike v. Bruce Church, Inc.

    397 U.S. 137 (1970)   Cited 1,726 times   27 Legal Analyses
    Holding that where a statute addresses "a legitimate local public interest, and its effects on interstate commerce are only incidental, it will be upheld unless the burden imposed on such commerce is clearly excessive in relation to the putative local benefits"
  7. Public Citizen v. Department of Justice

    491 U.S. 440 (1989)   Cited 804 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"
  8. Healy v. the Beer Institute

    491 U.S. 324 (1989)   Cited 492 times   10 Legal Analyses
    Holding that a state statute violated the Commerce Clause because it had the practical effect of establishing scale of prices for use in other states
  9. Hojnowski v. Vans Skate Park

    187 N.J. 323 (N.J. 2006)   Cited 181 times   1 Legal Analyses
    Holding that under New Jersey law, a non-signatory to a contract may be bound by its terms if non-party is agent of a party or third-party beneficiary to the contract
  10. Kent Motor v. Reynolds Reynolds

    207 N.J. 428 (N.J. 2011)   Cited 135 times   2 Legal Analyses
    Holding that the destruction of potentially relevant evidence before the filing of the successive action did not give rise to substantial prejudice
  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 362,607 times   962 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 56:8-2 - Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice

    N.J. Stat. § 56:8-2   Cited 1,294 times   13 Legal Analyses
    Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"
  14. Section 2A:15-5.12 - Award of punitive damages; determination

    N.J. Stat. § 2A:15-5.12   Cited 267 times   1 Legal Analyses
    Listing one factor supporting punitive damages as whether "serious harm would arise from the defendant's conduct"
  15. Section 56:12-14 - Short title

    N.J. Stat. § 56:12-14   Cited 212 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 56:12-15 - Consumer contract, warranty, notice or sign; violation of legal right of consumer or responsibility of seller, lessor, etc.; prohibition; exemptions

    N.J. Stat. § 56:12-15   Cited 156 times   21 Legal Analyses

    No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made

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

    N.J. Stat. § 56:12-17   Cited 70 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

  18. Section 56:12-16 - Provision for waiver of rights under act; nullity; statement of provisions void, unenforceable or inapplicable in New Jersey

    N.J. Stat. § 56:12-16   Cited 29 times   5 Legal Analyses
    Stating that under the TCCWNA "[n]o consumer contract . . . shall contain any provision by which the consumer waives his rights under this act"