56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,776 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 268,550 times   366 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. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,103 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"
  4. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,272 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  5. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,567 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
  6. Parks School of Business, Inc. v. Symington

    51 F.3d 1480 (9th Cir. 1995)   Cited 2,541 times   3 Legal Analyses
    Holding that a corporation had standing to sue under § 1981 alleging that defendants discriminated against it because it contracts with racial minorities
  7. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,206 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
  8. Mack v. S. Bay Beer Distribs., Inc.

    798 F.2d 1279 (9th Cir. 1986)   Cited 2,377 times
    Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency
  9. Mayfield v. U.S.

    599 F.3d 964 (9th Cir. 2010)   Cited 788 times
    Holding that plaintiff lacked standing to seek declaratory relief against the United States and declining to address the Fourth Amendment issue
  10. Ebner v. Fresh, Inc.

    818 F.3d 799 (9th Cir. 2016)   Cited 484 times   16 Legal Analyses
    Holding that "claims under the California consumer protection statutes are governed by the ‘reasonable consumer’ test"
  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 348,046 times   927 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 39,076 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 570 times   59 Legal Analyses
    Setting labeling requirements for food products
  14. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 364 times   26 Legal Analyses
    Preempting state laws that conflict, inter alia, with federal law requiring foods to indicate: the name and location of the manufacturer, as well as the weight or quantity of food contained in a package; and the percentage of fruit or vegetable juice contained in a beverage
  15. Section 101.9 - Nutrition labeling of food

    21 C.F.R. § 101.9   Cited 140 times   47 Legal Analyses
    Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling
  16. Section 101.60 - Nutrient content claims for the calorie content of foods

    21 C.F.R. § 101.60   Cited 35 times   6 Legal Analyses
    Allowing “No Added Sugar” claims only with respect to dietary supplements or vitamins intended for children under two
  17. Section 10.115 - Good guidance practices

    21 C.F.R. § 10.115   Cited 18 times   16 Legal Analyses
    Setting forth “good guidance practices” for FDA to follow in developing, issuing and using guidance documents, which include notice-and-comment procedures for guidance documents which “[s]et forth changes in interpretation or policy that are of more than a minor nature”