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· 7/13/2012

Amanda Sateriale v. R J Reynolds Tobacco Company

Citations

  • 697 F.3d 777

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the plaintiff had plausibly alleged the existence of an offer even if the disputed communications were “addressed to the general public in the form of advertisements”
  • affirming 14 dismissal of CLRA claim, where plaintiffs did not plead statements were false when made 15 or that they relied thereon to their detriment
  • California law recognizes bilateral contract based on mutual exchange of binding promises to take specified acts
  • \[C]onsumers seeking to recover damages under the CLRA based on a fraud theory must prove 'actual reliance on the misrepresentation and harm.' \ (citation omitted)
  • “[A]n enforceable termination clause that gives a promisor an unrestricted power to terminate a contract at any time, without notice, renders the promise illusory and unenforceable, at least so long as the purported contract remains wholly executory.”
  • “We focus on the substance of the plaintiffs’ claims, not the plaintiffs’ labels.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Noonan, Fisher, Mueller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.