25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,635 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
  4. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,479 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims
  5. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,625 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
  6. Altria Grp., Inc. v. Good

    555 U.S. 70 (2008)   Cited 667 times   10 Legal Analyses
    Holding that federal law did not preempt common-law fraud claim against cigarette manufacturer based on advertising of light cigarettes
  7. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 565 times   12 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision
  8. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,705 times   17 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"
  9. Schifando v. City of Los Angeles

    31 Cal.4th 1074 (Cal. 2003)   Cited 1,279 times
    Denying request for judicial notice of irrelevant matter
  10. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 904 times   2 Legal Analyses
    Holding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant's fraudulently procured contracts were invalid
  11. 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. . . ."
  12. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,808 times   328 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
  13. Section 379r - National uniformity for nonprescription drugs

    21 U.S.C. § 379r   Cited 109 times   16 Legal Analyses
    Labeling requirements for nonprescription drugs
  14. Section 1451 - Congressional declaration of policy

    15 U.S.C. § 1451   Cited 46 times   8 Legal Analyses

    Informed consumers are essential to the fair and efficient functioning of a free market economy. Packages and their labels should enable consumers to obtain accurate information as to the quantity of the contents and should facilitate value comparisons. Therefore, it is hereby declared to be the policy of the Congress to assist consumers and manufacturers in reaching these goals in the marketing of consumer goods. 15 U.S.C. § 1451 Pub. L. 89-755, §2, Nov. 3, 1966, 80 Stat. 1296. STATUTORY NOTES AND

  15. Section 1471 - Definitions

    15 U.S.C. § 1471   Cited 39 times   6 Legal Analyses
    Regarding special packaging of household substances to protect children