96 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,718 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,388 times   367 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,742 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  4. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,417 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor
  5. Phillips Petroleum Co. v. Shutts

    472 U.S. 797 (1985)   Cited 1,796 times   19 Legal Analyses
    Holding that “the Due Process Clause of course requires that the named plaintiff at all times adequately represent the interests of the absent class members”
  6. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,439 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  7. Cottone v. Jenne

    326 F.3d 1352 (11th Cir. 2003)   Cited 1,815 times
    Holding that the plaintiffs could not state a claim against the supervisors for failing to train or supervise officers because there were no allegations that the defendants knew about the officers' unconstitutional conduct so they were not on notice of the need to correct or stop it
  8. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,209 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
  9. Allstate Ins. Co. v. Hague

    449 U.S. 302 (1981)   Cited 550 times
    Holding that a Minnesota court may apply Minnesota rule permitting “stacking” of motorcycle insurance policies because plaintiff now lived in Minnesota and her deceased spouse had worked in Minnesota, even though plaintiff had lived in Wisconsin at the time of the accident, and even though decedent had lived in Wisconsin, had taken out the insurance policies in Wisconsin, and had been killed in Wisconsin
  10. U.S. ex Rel. Clausen v. Laboratory Corp.

    290 F.3d 1301 (11th Cir. 2002)   Cited 822 times   14 Legal Analyses
    Holding Rule 9(b) applies to False Claims Act claims
  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 350,190 times   936 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 39,246 times   323 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,985 times   315 Legal Analyses
    Prohibiting unlawful business practices
  14. Section 2301 - Definitions

    15 U.S.C. § 2301   Cited 2,536 times   36 Legal Analyses
    Including as consumers those entitled to enforce a warranty "under applicable State law"
  15. Section 17.46 - Deceptive Trade Practices Unlawful

    Tex. Bus. & Com. Code § 17.46   Cited 999 times   10 Legal Analyses
    Providing that a violation occurs based on “ filing suit founded upon ... extensions of credit ... in any county other than in the county in which the defendant resides at the time of the commencement of the action or in the county in which the defendant in fact signed the contract”
  16. Section 10-1-390 - Short title

    Ga. Code § 10-1-390   Cited 247 times   3 Legal Analyses

    This part shall be known and may be cited as the "Fair Business Practices Act of 1975." OCGA § 10-1-390

  17. Section 10-1-372 - When trade practices are deceptive; common-law and other remedies unaffected

    Ga. Code § 10-1-372   Cited 151 times   7 Legal Analyses
    Defining deceptive trade practices
  18. Section 10-1-370 - Short title

    Ga. Code § 10-1-370   Cited 129 times   13 Legal Analyses

    This part shall be known and may be cited as the "Uniform Deceptive Trade Practices Act." OCGA § 10-1-370 Amended by 2017 Ga. Laws 275,§ 10, eff. 5/9/2017.

  19. Section 10-1-373 - Enjoining deceptive trade practices; costs and attorney's fees; relief cumulative

    Ga. Code § 10-1-373   Cited 64 times
    Limiting attorneys' fees under GUDTPA to "prevailing party"
  20. Section 11-2-607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over

    Ga. Code § 11-2-607   Cited 47 times
    Stating that if tender of goods is accepted, the "buyer must within a reasonable time after he discovers or should have discovered any breach notify the seller of breach or be barred from any remedy"