59 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Reves v. Ernst Young

    507 U.S. 170 (1993)   Cited 1,413 times   1 Legal Analyses
    Holding that the defendant "participates" if he "directs" the pattern of racketeering activity
  3. Rotella v. Wood

    528 U.S. 549 (2000)   Cited 919 times   3 Legal Analyses
    Holding discovery rule inapplicable to § 2462 limitations period
  4. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,115 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
  5. Agency Holding Corp. v. Malley-Duff Assocs

    483 U.S. 143 (1987)   Cited 1,185 times   1 Legal Analyses
    Holding that civil RICO actions are subject to a four-year statute of limitations
  6. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,189 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
  7. IDT Corp. v. Morgan Stanley Dean Witter & Co.

    2009 N.Y. Slip Op. 2262 (N.Y. 2009)   Cited 846 times
    Holding that unjust enrichment "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned. Where the parties executed a valid and enforceable written contract governing a particular subject matter, recovery on a theory of unjust enrichment for events arising out of that subject matter is ordinarily precluded."
  8. Limestone v. Village

    520 F.3d 797 (7th Cir. 2008)   Cited 655 times   1 Legal Analyses
    Holding that the continuing violation doctrine simply “allow suit to be delayed until a series of wrongful acts blossoms into an injury on which suit can be brought”
  9. Zumpano v. Quinn

    2006 N.Y. Slip Op. 1245 (N.Y. 2006)   Cited 415 times   2 Legal Analyses
    Holding that a party must establish "subsequent and specific actions by defendants somehow kept them from timely bringing suit"
  10. Anschutz Corp. v. Merrill Lynch & Co.

    690 F.3d 98 (2d Cir. 2012)   Cited 289 times
    Holding that because plaintiffs did not allege any direct contact with the rating agencies, plaintiffs had failed to allege the existence of a privity-like special relationship—an essential element of a negligent misrepresentation claim under New York law
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,982 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,557 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,878 times   60 Legal Analyses
    Specifying prohibited activities
  15. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 276 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA
  16. Section 13 - Violations generally; punishment; costs of prosecution

    7 U.S.C. § 13   Cited 261 times   12 Legal Analyses
    Pertaining to punishment for violations of the Commodity Exchange Act
  17. Section 760 ILCS 65/2

    760 ILCS 65/2   Cited 9 times

    A person who in good faith pays or transfers to a fiduciary any money or other property which the fiduciary as such is authorized to receive, is not responsible for the proper application thereof by the fiduciary; and any right or title acquired from the fiduciary in consideration of such payment or transfer is not invalid in consequence of a misapplication by the fiduciary. 760 ILCS 65/2 P.A. 80-1495.