12 Cited authorities

Knipe v. Skinner
999 F.2d 708 (2d Cir. 1993) Cited 234 times
Holding that "[a]rguments may not be made for the first time in a reply brief
Bravia Capital Partners, Inc. v. Fike
296 F.R.D. 136 (S.D.N.Y. 2013) Cited 30 times
Holding that where the vague descriptions in many of the time entries could not be connected to the motion to compel, the court was unable to determine the reasonableness of those hours
Canadian Overseas Ores Limited v. Compania de Acero del Pacifico S.A.
727 F.2d 274 (2d Cir. 1984) Cited 61 times
Finding no waiver of sovereign immunity where foreign state engaged in motion practice but had not yet filed responsive pleading
United States ex rel. Kolchinsky v. Moody's Corp.
238 F. Supp. 3d 550 (S.D.N.Y. 2017) Cited 13 times 3 Legal Analyses
Dismissing action because "the Government—and the general public—was on notice of the very facts relied upon to support the fraud alleged here" and "the Government has nonetheless continued to pay Moody's for its credit-ratings products each year"
Longanecker v. Diamondhead Country Club
1999 CA 484 (Miss. 2000) Cited 17 times
Upholding the trial court's dismissal of a suit brought by a property owners association, organized as a non-profit corporation, derivatively against the association's board for failure to make a demand or plead demand futility
Canadian Overseas Ores Ltd. v. Compania de Acero del Pacifico S.A.
528 F. Supp. 1337 (S.D.N.Y. 1982) Cited 40 times 1 Legal Analyses
Holding that the expropriation exception applies only to tangible property
Doe v. Quest Diagnostics, Inc.
15 Civ. 8992 (LGS) (S.D.N.Y. Aug. 11, 2017)
15 Civ. 8992 (LGS) 08-11-2017 JANE DOE, Plaintiff, v. QUEST DIAGNOSTICS, INC., et al., Defendants. LORNA G. SCHOFIELD, District Judge OPINION AND ORDER : Plaintiff Jane Doe ("Plaintiff") filed the Complaint on November 16, 2015, against Defendants Quest Diagnostics, Inc. ("Quest" or "Defendant"), Counseling Services of New York, LLC and Dr. Ferdinand B. Banez (together, "Defendants") for negligence, fraud, and deceptive business practices arising from Defendants' alleged improper transmission of
Gurvey v. Cowan
06 Civ. 1202 (LGS) (HBP) (S.D.N.Y. Sep. 17, 2015) Cited 1 times
06 Civ. 1202 (LGS) (HBP) 09-17-2015 AMY R. GURVEY, Plaintiff, v. COWAN, LEIBOWITZ & LATMAN, P.C., et al., Defendants. LORNA G. SCHOFIELD, District Judge OPINION AND ORDER : Magistrate Judge Henry B. Pitman, to whom this matter has been referred for supervision of pretrial proceedings, issued a Report and Recommendation (the "Report"), dated July 24, 2015, recommending that: (1) Defendants Cowan Liebowitz & Latman, P.C., William Borchard, Midge Hyman, Baila Celedonia and J. Christopher Jensen's (collectively
Dilek v. Watson Enters., Inc.
885 F. Supp. 2d 632 (S.D.N.Y. 2012) Cited 1 times
No. 11 Civ. 2980 (JPO). 2012-08-10 Emel DILEK, Plaintiff, v. WATSON ENTERPRISES, INC., Defendant. Elissa Paulette Fudim, Michael Scott Simon, New York, NY, for Plaintiff. Michael J. Volpe, Nicholas Marco Reiter, Venable LLP, New York, NY, for Defendant. J. PAUL OETKEN Elissa Paulette Fudim, Michael Scott Simon, New York, NY, for Plaintiff. Michael J. Volpe, Nicholas Marco Reiter, Venable LLP, New York, NY, for Defendant. MEMORANDUM AND ORDER J. PAUL OETKEN, District Judge: “As you will see, it's
Burghart v. Landau
821 F. Supp. 173 (S.D.N.Y. 1993) Cited 12 times
Stating that demand shall be excused "`only if the complaining stockholder, in his complaint, makes well pleaded allegations that demand on the corporation is futile.'"
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,742 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Romain et al v. Seabrook et al

12 Cited authorities

Holding that "[a]rguments may not be made for the first time in a reply brief

Holding that where the vague descriptions in many of the time entries could not be connected to the motion to compel, the court was unable to determine the reasonableness of those hours

Finding no waiver of sovereign immunity where foreign state engaged in motion practice but had not yet filed responsive pleading

Dismissing action because "the Government—and the general public—was on notice of the very facts relied upon to support the fraud alleged here" and "the Government has nonetheless continued to pay Moody's for its credit-ratings products each year"

Upholding the trial court's dismissal of a suit brought by a property owners association, organized as a non-profit corporation, derivatively against the association's board for failure to make a demand or plead demand futility

Holding that the expropriation exception applies only to tangible property

Stating that demand shall be excused "`only if the complaining stockholder, in his complaint, makes well pleaded allegations that demand on the corporation is futile.'"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure