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Ninth Circuit· 9/20/2010

Shroyer v. New Cingular Wireless Services, Inc.

Citations

  • 622 F.3d 1035
  • 2010 U.S. App. LEXIS 19814
  • 51 Communications Reg. (P&F) 535

How courts have described this case

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

  • holding, although plaintiff sufficiently 25 alleged breach of contract, he failed to state § 17200 claim based on unlawful practices 26 as he did \not go beyond alleging a violation of common law\
  • describing the UCL as “establishing three varieties of unfair business practices[:]” unlawful, unfair, or fraudulent business practices.
  • noting propriety of dismissal \where there is no cognizable legal theory or an absence of sufficient facts alleged to support a cognizable legal theory\
  • affirming dismissal of 10 declaratory relief claims where dismissal of underlying claims also affirmed
  • affirming dismissal of declaratory relief claims where dismissal of underlying 25 claims also affirmed
  • court may dismiss case “only where there is no cognizable legal theory or an absence of sufficient facts alleged to support a cognizable legal theory.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Canby, Rawlinson, Smith

Read full opinion on CourtListener

Cited by

84 cases in this archive cite this case; the 20 most cited are listed.

Cites

15 cases in this archive are cited by this case.

Other cases named Shroyer v. New Cingular Wireless Services, Inc.

2 other CourtListener records share this case name.

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.