Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 times 279 Legal AnalysesHolding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 Legal AnalysesHolding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Neitzke v. Williams
490 U.S. 319 (1989) Cited 55,792 timesHolding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,874 times 6 Legal AnalysesHolding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
Cortec Indus., Inc. v. Sum Holding L.P.
949 F.2d 42 (2d Cir. 1991) Cited 2,958 timesHolding that “[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated” and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were “integral to [plaintiffs'] complaint”
Lama Holding Co. v. Smith Barney Inc.
88 N.Y.2d 413 (N.Y. 1996) Cited 2,155 times 3 Legal AnalysesHolding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim
Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC
797 F.3d 160 (2d Cir. 2015) Cited 977 times 4 Legal AnalysesHolding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,388 times 5 Legal AnalysesHolding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
International Audiotext Network, Inc. v. AT&T
62 F.3d 69 (2d Cir. 1995) Cited 1,347 times 3 Legal AnalysesHolding that if a complaint "relies heavily upon [a contract's] terms and effect" the contract may be considered at the 12(b) stage even if the contract is not incorporated in or attached to the complaint
Sokoloff v. Harriman Estates Dev. Corp.
96 N.Y.2d 409 (N.Y. 2001) Cited 1,058 timesReversing dismissal of complaint seeking specific performance against builder
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 345,981 times 922 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,250 times 193 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,931 times 316 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"