Legal Opinion

Amanda Sateriale v. R J Reynolds Tobacco Company

Court of Appeals for the Ninth Circuit

Decided July 13, 2012No. 11-55057PublishedCited by 104 opinions

1Opinion of the Court

ORDER

The opinion filed July 13, 2012, and reported at 687 F.3d 1132, is amended as follows:

At slip opinion page 8097, 687 F.3d at 1143, after the sentence <The presence of discretion thus does not preclude the existence of an offer. >, insert the following new footnote:

<In its petition for rehearing, RJR argues that the plaintiffs have asserted only a bilateral contract and not a unilateral contract. There is no question, however, that the plaintiffs — in their complaint, as well as in the district court and on appeal — have consistently alleged acceptance by performance, which is the essence…

2Cases cited38 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Moss v. U.S. Secret ServiceCourt of Appeals for the Ninth Circuit · 2009
  4. Daniels-Hall v. National Education Ass'nCourt of Appeals for the Ninth Circuit · 2010
  5. Kwikset Corp. v. Superior CourtCalifornia Supreme Court · 2011

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3Cited by104 opinions

  1. Olson v. Major League BaseballCourt of Appeals for the Second Circuit · 2022
  2. In re Nexus 6P Prods. Liab. Litig.District Court, N.D. California · 2018
  3. Clancy v. Bromley Tea Co.District Court, N.D. California · 2013
  4. Edward Zadrozny v. Bank of New York MellonCourt of Appeals for the Ninth Circuit · 2013
  5. Hyun Ju Park v. City of HonoluluDistrict Court, D. Hawaii · 2018

99 more not listed; retrieve them via the Exa API.

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