37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,832 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
  3. Riegel v. Medtronic, Inc.

    552 U.S. 312 (2008)   Cited 1,043 times   62 Legal Analyses
    Holding that a State’s “‘requirements’” “includ[e] [the state’s] common-law duties”
  4. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 560 times   11 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
  5. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,452 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"
  6. Flannery v. Recording Indus. Ass'n of Am.

    354 F.3d 632 (7th Cir. 2004)   Cited 1,519 times
    Holding that former employer's denial of consulting work to former employee after former employee filed charge with EEOC, where that work had been promised him in severance package agreed to by parties, sufficient to state retaliation claim under ADA and ADEA
  7. McReynolds v. Merrill Lynch & Co.

    694 F.3d 873 (7th Cir. 2012)   Cited 801 times   2 Legal Analyses
    Finding district court properly dismissed complaint where named plaintiffs in two cases were the same, and plaintiff could obtain "complete relief" in earlier-filed case
  8. Wright v. Associated Ins. Companies Inc.

    29 F.3d 1244 (7th Cir. 1994)   Cited 1,418 times   1 Legal Analyses
    Holding that remand of state law claims was unnecessary even though the court did not make any findings with respect to whether it should retain jurisdiction
  9. Connick v. Suzuki Motor Co.

    174 Ill. 2d 482 (Ill. 1996)   Cited 967 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"
  10. Brownmark Films, LLC v. Comedy Partners

    682 F.3d 687 (7th Cir. 2012)   Cited 497 times   9 Legal Analyses
    Holding that conversion, rather than incorporation, was appropriate to consider videos to assess fair-use defense and rejecting argument that incorporation-by-reference doctrine should be expended to "encourage courts to consider affirmative defenses on 12(b) motions and thereby reduce the threat of nuisance suits"
  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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 343-1 - National uniform nutrition labeling

    21 U.S.C. § 343-1   Cited 372 times   28 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
  13. Section 815 ILCS 505/1

    815 ILCS 505/1   Cited 2,202 times   14 Legal Analyses
    Defining "consumer" as "any person who purchases or contracts for the purchase of merchandise not for resale in the ordinary course of his trade or business but for his use or that of a member of his household"
  14. Section 810 ILCS 5/2-607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over

    810 ILCS 5/2-607   Cited 122 times

    (1) The buyer must pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for non-conformity. (3) Where a tender has been accepted (a) the buyer must within a reasonable

  15. Section 810 ILCS 5/2-601 - Buyer's rights on improper delivery

    810 ILCS 5/2-601   Cited 12 times

    Subject to the provisions of this Article on breach in installment contracts (Section 2--612) and unless otherwise agreed under the sections on contractual limitations of remedy (Sections 2--718 and 2--719), if the goods or the tender of delivery fail in any respect to conform to the contract, the buyer may (a) reject the whole; or (b) accept the whole; or (c) accept any commercial unit or units and reject the rest. 810 ILCS 5/2-601 Laws 1961, p. 2101.

  16. Section 165.110 - Bottled water

    21 C.F.R. § 165.110   Cited 7 times
    Discussing limits on parts of arsenic and dioxin in bottled water