§Why CasetextPricing

Torres et al v. JC Penney Corporation, Inc. et al

RESPONSE

34 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 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' "

  2. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,257 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  3. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,422 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"

  4. Parks School of Business, Inc. v. Symington

    51 F.3d 1480 (9th Cir. 1995)   Cited 2,534 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

  5. Pareto v. Federal Deposit Insurance Corp.

    139 F.3d 696 (9th Cir. 1998)   Cited 1,184 times   1 Legal Analyses
    Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

  6. Davis v. HSBC Bank Nevada, N.A.

    691 F.3d 1152 (9th Cir. 2012)   Cited 645 times   10 Legal Analyses
    Holding that a "district court's decision to incorporate by reference documents into complaint shall be reviewed for an abuse of discretion"

  7. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 705 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL

  8. Kasky v. Nike

    27 Cal.4th 939 (Cal. 2002)   Cited 668 times   6 Legal Analyses
    Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL

  9. Yamaha Corp. of America v. State Bd. of Equalization

    19 Cal.4th 1 (Cal. 1998)   Cited 640 times   17 Legal Analyses
    Holding that “administrative interpretation ... will be accorded great respect by the courts and will be followed it not clearly erroneous”

  10. LiMandri v. Judkins

    52 Cal.App.4th 326 (Cal. Ct. App. 1997)   Cited 498 times
    Holding that nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"

  11. Section 45 - Unfair methods of competition unlawful; prevention by Commission

    15 U.S.C. § 45   Cited 3,856 times   563 Legal Analyses
    Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

  12. Section 41 - Federal Trade Commission established; membership; vacancies; seal

    15 U.S.C. § 41   Cited 778 times   45 Legal Analyses
    Granting FTC the power to "make rules and regulations for the purpose of carrying out the provisions of this [Act]," 15 U.S.C. § 46(g) (West Supp. 1986)

  13. Section 57a - Unfair or deceptive acts or practices rulemaking proceedings

    15 U.S.C. § 57a   Cited 174 times   30 Legal Analyses
    Incorporating by reference 5 U.S.C. § 706

  14. Section 297 - Stamping plated articles

    15 U.S.C. § 297   Cited 4 times

    (a) Words "sterling" or "coin" forbidden In the case of articles of merchandise made in whole or in part of an inferior metal, having deposited or plated thereon or brazed or otherwise affixed thereto a plating, covering, or sheet composed of gold or silver, or of an alloy of either of said metals, and known in the market as rolled gold plate, gold plate, gold filled, silver plate, or gold or silver electroplate, or by any similar designation, so imported into or exported from the United States,

  15. Section 295 - Standard of fineness of gold articles; deviation

    15 U.S.C. § 295   Cited 2 times

    In the case of articles of merchandise made in whole or in part of gold or of any of its alloys so imported into or exported from the United States, or so deposited in the United States mails for transmission, or so delivered for transportation to any common carrier, or so transported or caused to be transported as specified in section 294 of this title, the actual fineness of such gold or alloy shall not be less by more than three one-thousandth parts than the fineness indicated by the mark stamped

  16. Section 294 - Importation or transportation of falsely marked gold or silver ware prohibited

    15 U.S.C. § 294   Cited 2 times

    It shall be unlawful for any person, firm, corporation, or association, being a manufacturer of or wholesale or retail dealer in gold or silver jewelry or gold ware, silver goods or silverware, or for any officer, manager, director, or agent of such firm, corporation, or association to import or export or cause to be imported into or exported from the United States for the purpose of selling or disposing of the same, or to deposit or cause to be deposited in the United States mails for transmission

  17. Section 1.5 - Purpose

    16 C.F.R. § 1.5   Cited 10 times
    Noting that the FTC "[i]ndustry guides are administrative interpretations of laws administered by the Commission for the guidance of the public in conducting its affairs in conformity with legal requirements. They provide the basis for voluntary and simultaneous abandonment of unlawful practices by members of industry. Failure to comply with the guides may result in corrective action by the Commission under applicable statutory provisions."

  18. Section 23.1 - Deception (general)

    16 C.F.R. § 23.1   Cited 1 times

    It is unfair or deceptive to misrepresent the type, kind, grade, quality, quantity, metallic content, size, weight, cut, color, character, treatment, substance, durability, serviceability, origin, price, value, preparation, production, manufacture, distribution, or any other material aspect of an industry product. Note 1 to § 23.1 : If, in the sale or offering for sale of an industry product, any representation is made as to the grade assigned the product, the identity of the grading system used

  19. Section 23.6 - Misuse of the words "platinum," "iridium," "palladium," "ruthenium," "rhodium," and "osmium."

    16 C.F.R. § 23.6   Cited 1 times

    (a) It is unfair or deceptive to use the words "platinum," "iridium," "palladium," "ruthenium," "rhodium," and "osmium," or any abbreviation to mark or describe all or part of an industry product if such marking or description misrepresents the product's true composition. The Platinum Group Metals (PGM) are Platinum, Iridium, Palladium, Ruthenium, Rhodium, and Osmium. (b) The following are examples of markings or descriptions that may be misleading: (1) Use of the word "Platinum" or any abbreviation

  20. Section 23.4 - Misuse of the word "vermeil."

    16 C.F.R. § 23.4   Cited 1 times

    (a) It is unfair or deceptive to represent, directly or by implication, that an industry product is "vermeil" if such mark or description misrepresents the product's true composition. (b) An industry product may be described or marked as "vermeil" if it consists of a base of sterling silver coated or plated on all significant surfaces with gold, or gold alloy of not less than 10 karat fineness, that is of reasonable durability and a minimum thickness throughout equivalent to two and one half (21/2)