189 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 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
Neder v. United States
527 U.S. 1 (1999) Cited 4,950 times 31 Legal Analyses
Holding that the failure to submit an uncontested element of an offense to a jury may be harmless
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,863 times 3 Legal Analyses
Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
Williams v. Gerber Products
552 F.3d 934 (9th Cir. 2008) Cited 916 times 35 Legal Analyses
Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
Lightning Lube, Inc. v. Witco Corp.
4 F.3d 1153 (3d Cir. 1993) Cited 1,162 times
Holding that the owner of a small business may testify as a lay witness regarding the projected future profits of his business
Connick v. Suzuki Motor Co.
174 Ill. 2d 482 (Ill. 1996) Cited 953 times 4 Legal Analyses
Holding that statements "not made by Suzuki but by Suzuki dealers . . . cannot be the basis of a common law fraud count against Suzuki unless plaintiffs have adequately alleged that the dealers were the agents of Suzuki"
Smith v. Pacific Properties and Dev. Corp.
358 F.3d 1097 (9th Cir. 2004) Cited 494 times
Holding that under Rule 15 of the Federal Rules of Civil Procedure, leave to amend should be "freely given" unless amendment will result in undue prejudice to the opposing party or will be futile
Paracor Finance, Inc. v. Gen. El. Cap. Corp.
79 F.3d 878 (9th Cir. 1996) Cited 564 times 2 Legal Analyses
Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed
LiMandri v. Judkins
52 Cal.App.4th 326 (Cal. Ct. App. 1997) Cited 496 times
Holding that nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"
Thiedemann v. Mercedes-Benz USA, LLC
183 N.J. 234 (N.J. 2005) Cited 348 times 4 Legal Analyses
Holding that the plaintiffs failed to allege ascertainable loss under the NJCFA where repairs were made by the defendant during the warranty period without cost to the plaintiffs
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,902 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,833 times 315 Legal Analyses
Prohibiting unlawful business practices
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.
Section 2301 - Definitions
15 U.S.C. § 2301 Cited 2,519 times 36 Legal Analyses
Including as consumers those entitled to enforce a warranty "under applicable State law"
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"
Section 1345.01 - Consumer sales practices definitions
Ohio Rev. Code § 1345.01 Cited 918 times
Defining "[s]upplier" as a "person engaged in the business of effecting . . . consumer transactions, whether or not the person deals directly with the consumer"
Section 1790 - Title of act
Cal. Civ. Code § 1790 Cited 693 times 6 Legal Analyses
This chapter may be cited as the "Song-Beverly Consumer Warranty Act." Ca. Civ. Code § 1790 Added by Stats. 1970, Ch. 1333.
Section 1345.09 - Private causes of action
Ohio Rev. Code § 1345.09 Cited 606 times 2 Legal Analyses
Providing for recovery of the larger of three times the amount of actual damages or $200
Section 17208 - Statute of limitations
Cal. Bus. & Prof. Code § 17208 Cited 630 times 2 Legal Analyses
Governing UCL claims
Section 2A:58C-1 - Findings; definitions
N.J. Stat. § 2A:58C-1 Cited 473 times 14 Legal Analyses
Defining "[h]arm" as, inter alia, "physical damage to property, other than to the product itself"

Steve Chambers et al v. Whirlpool Corporation et al

189 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

Holding that the owner of a small business may testify as a lay witness regarding the projected future profits of his business

Holding that statements "not made by Suzuki but by Suzuki dealers . . . cannot be the basis of a common law fraud count against Suzuki unless plaintiffs have adequately alleged that the dealers were the agents of Suzuki"

Holding that under Rule 15 of the Federal Rules of Civil Procedure, leave to amend should be "freely given" unless amendment will result in undue prejudice to the opposing party or will be futile

Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed

Holding that nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"

Holding that the plaintiffs failed to allege ascertainable loss under the NJCFA where repairs were made by the defendant during the warranty period without cost to the plaintiffs

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Prohibiting unlawful business practices

Including as consumers those entitled to enforce a warranty "under applicable State law"

Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"

Defining "[s]upplier" as a "person engaged in the business of effecting . . . consumer transactions, whether or not the person deals directly with the consumer"

Providing for recovery of the larger of three times the amount of actual damages or $200

Governing UCL claims

Defining "[h]arm" as, inter alia, "physical damage to property, other than to the product itself"