56 Cited authorities

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
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' "
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"
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
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"
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
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
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
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
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"
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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,076 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 343 - Misbranded food
21 U.S.C. § 343 Cited 570 times 59 Legal Analyses
Setting labeling requirements for food products
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
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
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
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”

Swearingen et al v. Late July Snacks Llc

56 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 a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

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"

Holding that circumstances constituting fraud must be stated with particularity

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding that a corporation had standing to sue under § 1981 alleging that defendants discriminated against it because it contracts with racial minorities

Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

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

Holding that plaintiff lacked standing to seek declaratory relief against the United States and declining to address the Fourth Amendment issue

Holding that "claims under the California consumer protection statutes are governed by the ‘reasonable consumer’ test"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Requiring that fraud be pleaded with particularity

Setting labeling requirements for food products

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

Recognizing that "Vitamin C" and "Ascorbic acid" are "synonym" that may be used in the alternative in a product's nutritional information labeling

Allowing “No Added Sugar” claims only with respect to dietary supplements or vitamins intended for children under two

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”