§Why CasetextPricing

Yaeger et al v. Subaru of America, Inc. et al

MEMORANDUM in Opposition

53 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,432 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  3. Kost v. Kozakiewicz

    1 F.3d 176 (3d Cir. 1993)   Cited 3,445 times   1 Legal Analyses
    Holding that where appellant fails to raise an issue in its opening brief, "the appellant normally has abandoned and waived that issue on appeal and it need not be addressed by the court of appeals"

  4. Bruesewitz v. Wyeth LLC

    562 U.S. 223 (2011)   Cited 225 times   10 Legal Analyses
    Holding that the National Childhood Vaccine Injury Act preempted state-law design-defect claims against vaccine manufacturers

  5. Arthur v. Maersk, Inc.

    434 F.3d 196 (3d Cir. 2006)   Cited 788 times   1 Legal Analyses
    Holding "a period of eleven months from the commencement of an action to the filing of a motion for leave to amend is not, on its face, so excessive as to be presumptively unreasonable"

  6. Carma Developers, Inc. v. Marathon Development California, Inc.

    2 Cal.4th 342 (Cal. 1992)   Cited 785 times
    Holding that a clause in a commercial lease allowing the lessor to terminate the lease and recapture the leasehold upon notice by the lessee of intent to sublet or assign had to be exercised in good faith

  7. Sons of Thunder, Inc. v. Borden, Inc.

    148 N.J. 396 (N.J. 1997)   Cited 562 times
    Holding that implied covenant means that "neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract."

  8. Wilson v. Amerada Hess Corp.

    168 N.J. 236 (N.J. 2001)   Cited 468 times
    Holding party may breach implied covenant of good faith and fair dealing even where party has not breached underlying contract

  9. Brunswick Hills Raquet Club, Inc. v. Route 18 Shop. Center Associates, LP

    182 N.J. 210 (N.J. 2005)   Cited 391 times
    Holding that a commercial entity may claim a breach of the duty of good faith and fair dealing where another remains silent in the face of a known mistake "with the purpose of exploiting the terms of the contract without regard to the harm caused to plaintiff."

  10. McClain v. Octagon Plaza, LLC

    159 Cal.App.4th 784 (Cal. Ct. App. 2008)   Cited 272 times   1 Legal Analyses
    Finding that disclaimer of reliance in lease could not prevent plaintiff from establishing justified reliance on representations contrary to that term

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,761 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,948 times   109 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

  13. Section 350 - False advertising unlawful

    N.Y. Gen. Bus. Law § 350   Cited 1,036 times   24 Legal Analyses
    Prohibiting false advertising

  14. Section 39:10-19 - Dealer's license; eligibility, term, fee

    N.J. Stat. § 39:10-19   Cited 17 times

    No person shall engage in the business of buying, selling or dealing in motor vehicles in this State, nor shall a person engage in activity that would qualify the person as a leasing dealer, as defined in section 2 of P.L. 1994, c.190 (C.56:12-61), unless: a. the person is a licensed real estate broker acting as an agent or broker in the sale of mobile homes without their own motor power other than recreation vehicles as defined in section 3 of P.L. 1990, c.103 (C.39:3-10.11), or manufactured homes

  15. Section 1795.90 - Definitions

    Cal. Civ. Code § 1795.90   Cited 15 times

    For purposes of this chapter: (a) "Consumer" means the purchaser, other than for purposes of resale, of a motor vehicle, a lessee of a motor vehicle, any person to whom the motor vehicle is transferred during the duration of an express warranty applicable to that motor vehicle, and any person entitled by the terms of the warranty to enforce the obligations of the warranty. (b) "Manufacturer" means any person, firm, or corporation, whether resident or nonresident, that manufactures or assembles motor

  16. Section 56:10-27 - Sales through franchises only

    N.J. Stat. § 56:10-27   Cited 3 times

    Except as provided pursuant to section 6 of P.L. 2015, c. 24(C.56:10-27.1), it shall be a violation of this act for any motor vehicle franchisor, directly or indirectly, through any officer, agent, employee, broker or any shareholder of the franchisor, except a shareholder of 1% or less of the outstanding shares of any class of securities of a franchisor which is a publicly traded corporation, or other person, to offer to sell or sell motor vehicles, to a consumer, other than an employee of the franchisor

  17. Section 2037 - Defects Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles

    Cal. Code Regs. tit. 13 § 2037   Cited 8 times

    (a)Applicability. This section shall apply to 1990 and subsequent model passenger cars, light-duty trucks, medium-duty vehicles, and motor vehicle engines used in such vehicles. This section shall apply to medium-duty vehicles certified to the GHG emission standards of section 95663, title 17, for GHG emission control components, as set forth in 40 CFR 1037.120, as amended October 25, 2016, incorporated by reference herein. The warranty period shall begin on the date the vehicle is delivered to an

  18. Section 2035 - Purpose, Applicability, and Definitions

    Cal. Code Regs. tit. 13 § 2035   Cited 4 times

    (a)Purpose. The purpose of this article is to interpret and make specific the statutory emissions warranty set forth in Health and Safety Code sections 43205 and 43205.5 by clarifying the rights and responsibilities of individual motor vehicle, motor vehicle engine, and trailer owners; motor vehicle, motor vehicle engine, trailer manufacturers, and optionally certified hybrid powertrain manufacturers; and the service industry. (b)Applicability. This article shall apply to: (1) (A) California-certified