57 Cited authorities

  1. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,859 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile
  2. United States v. Ron Pair Enterprises, Inc.

    489 U.S. 235 (1989)   Cited 4,580 times   16 Legal Analyses
    Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"
  3. Lamie v. U.S. Trustee

    540 U.S. 526 (2004)   Cited 2,142 times   13 Legal Analyses
    Holding that courts should not add an "absent word" to a statute
  4. Gen. Tel. Co. of Sw. v. Falcon

    457 U.S. 147 (1982)   Cited 5,678 times   33 Legal Analyses
    Holding that named plaintiff must prove “much more than the validity of his own claim”; the individual plaintiff must show that “the individual's claim and the class claims will share common questions of law or fact and that the individual's claim will be typical of the class claims,” explicitly referencing the “commonality” and “typicality” requirements of Rule 23
  5. Hartford Underwriters Ins. Co. v. Unionplanters Bank

    530 U.S. 1 (2000)   Cited 1,254 times   7 Legal Analyses
    Holding that § 1109(b) was "by its terms inapplicable" in case which had been "converted from Chapter 11 to Chapter 7"
  6. Szabo v. Bridgeport Machines, Inc.

    249 F.3d 672 (7th Cir. 2001)   Cited 886 times   6 Legal Analyses
    Holding that a "prime occasion for Rule 23(f)" appellate review is when class certification "puts a bet-your-company decision to [defendant's] managers and may induce a substantial settlement even if the [plaintiffs'] position is weak"
  7. Bosland v. Warnock Dodge, Inc.

    197 N.J. 543 (N.J. 2009)   Cited 477 times   2 Legal Analyses
    Holding pre-suit demand of a refund of $20 overcharge is not necessary for CFA claim
  8. Cox v. Sears Roebuck & Co.

    138 N.J. 2 (N.J. 1994)   Cited 637 times   8 Legal Analyses
    Holding that a "consumer is not obligated to pay an indebtedness arising out of conduct that violates the [CFA]"
  9. Caminetti v. United States

    242 U.S. 470 (1917)   Cited 1,907 times   1 Legal Analyses
    Holding that importation of a woman for immoral purposes may constitutionally be regulated even when it is not for material gain
  10. Pilgrim v. Universal Health Card, LLC

    660 F.3d 943 (6th Cir. 2011)   Cited 229 times   12 Legal Analyses
    Holding that, evaluating potential class members' claims under Ohio's choice-of-law rules, the "laws of the potential class members' home States will govern their 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 346,412 times   923 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 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 34,974 times   1236 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  13. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,674 times   734 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
  14. Section 2301 - Definitions

    15 U.S.C. § 2301   Cited 2,521 times   36 Legal Analyses
    Including as consumers those entitled to enforce a warranty "under applicable State law"
  15. Section 56:8-1 - Applicability of C.56:8-1 et seq

    N.J. Stat. § 56:8-1   Cited 2,077 times   56 Legal Analyses
    Defining "merchandise" under the PLA as "any objects, wares, goods, commodities, services or anything offered, directly or indirectly to the public for sale"
  16. Section 56:8-2 - Fraud, etc., in connection with sale or advertisement of merchandise or real estate as unlawful practice

    N.J. Stat. § 56:8-2   Cited 1,246 times   13 Legal Analyses
    Prohibiting "any unconscionable commercial practice, deception, fraud, false pretense, false promise, misrepresentation, or the knowing concealment, suppression, or omission of any material fact"
  17. Section 56:8-19 - Action, counterclaim by injured person; recovery of damages, costs

    N.J. Stat. § 56:8-19   Cited 635 times   12 Legal Analyses
    Requiring treble damages and attorney's fees
  18. Section 56:12-14 - Short title

    N.J. Stat. § 56:12-14   Cited 206 times   34 Legal Analyses

    This act shall be known and may be cited as the "Truth-in-Consumer Contract, Warranty and Notice Act." N.J.S. § 56:12-14 L.1981, c.454, s.1.

  19. Section 56:12-15 - Consumer contract, warranty, notice or sign; violation of legal right of consumer or responsibility of seller, lessor, etc.; prohibition; exemptions

    N.J. Stat. § 56:12-15   Cited 153 times   21 Legal Analyses

    No seller, lessor, creditor, lender or bailee shall in the course of his business offer to any consumer or prospective consumer or enter into any written consumer contract or give or display any written consumer warranty, notice or sign after the effective date of this act which includes any provision that violates any clearly established legal right of a consumer or responsibility of a seller, lessor, creditor, lender or bailee as established by State or Federal law at the time the offer is made

  20. Section 56:12-17 - Violations; civil liability to aggrieved consumer; action; termination of contract

    N.J. Stat. § 56:12-17   Cited 68 times   9 Legal Analyses

    Any person who violates the provisions of this act shall be liable to the aggrieved consumer for a civil penalty of not less than $100.00 or for actual damages, or both at the election of the consumer, together with reasonable attorney's fees and court costs. This may be recoverable by the consumer in a civil action in a court of competent jurisdiction or as part of a counterclaim by the consumer against the seller, lessor, creditor, lender or bailee or assignee of any of the aforesaid, who aggrieved

  21. Section 13:45A-16.2 - Unlawful practices

    N.J. Admin. Code § 13:45A-16.2   Cited 76 times   3 Legal Analyses
    Requiring all home improvement contracts for purchase price in excess of $500.00 to include " description of the principal work to be done and the products and materials to be used or installed in performance of the contract"