387 F. Supp. 2d 283 - Leider v. Ralfe’s Empirical Analysis
2005
Citation profile
1 federal appellate · 3 district ·
Relationships
Applies 15 U.S.C. § 45 (§ 5 of the Federal Trade Commission Act of 1914) · 28 U.S.C. § 2072 · 28 U.S.C. § 636
Relies on Erie Co v. Tompkins · United Mine Workers of America v. Gibbs · Stewart Organization, Inc. v. Ricoh Corp. · Illinois Brick Co. v. Illinois · Gasperini v. Center for Humanities, Inc.
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 38 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]n addition, § 350 requires-unlike § 349-that the plaintiff must demonstrate reliance on the allegedly false advertising,”
2 later decisions quote this exact passage · from the majority“To aid in the interpretation of the second element, the New York Court of Appeals has instructed that a deceptive act or practice has an 'objective definition,' whereby deceptive acts or practices-which may be acts or omissions-are 'limited to those likely to mislead a reasonable consumer acting reasonably under the circumstances.' " Leider , 387 F.Supp.2d at 292 (quoting Oswego Laborers' Local 214 Pension Fund v. Marine Midland Bank, N.A. , 85 N.Y.2d 20 , 623 N.Y.S.2d 529 , 647 N.E.2d 741 , 745 (1995) ); see also Goshen v. Mut. Life Ins. Co. of N.Y. , 98 N.Y.2d 314 , 746 N.Y.S.2d 858 , 774 N.E.2d 1190 , 1195 (2002) (same). In other words, a violation of this section "requires that the defendant's conduct deceive a reasonable consumer in a material respect, work a harm to the public at large, and directly cause the plaintiff's injury.”
1 later decision quote this exact passage · from the majority“Any person who has been injured by reason of any violation of section three hundred fifty or three hundred fifty-a of this article may bring an action in his or her own name to enjoin such unlawful act or practice.” N.Y. Gen. Bus. Law 350-e. . Such a waiver is necessary to allow a class action under section 349(h) because N.Y. C.P.L.R. section 901(b), which sets out the prerequisites for a class action suit, prohibits a plaintiff from bringing a class action”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.