§Why CasetextPricing

Planete Bleue Television, Inc., et al. v. A&E Television Networks, LLC, et al.

MEMORANDUM OF LAW in Support re: 64 MOTION to Dismiss The Plaintiff's Complaint. . Document

38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,202 times   280 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. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 6,622 times
    Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

  3. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,493 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII

  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,897 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  5. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 2,980 times
    Holding 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"

  6. L-7 Designs, Inc. v. Old Navy, LLC

    647 F.3d 419 (2d Cir. 2011)   Cited 1,213 times   2 Legal Analyses
    Holding that on a motion for judgment on the pleadings, a court may, in addition to the complaint itself, consider "any written instrument attached to it as an exhibit, materials incorporated in it by reference, and documents that, although not incorporated by reference, are ‘integral to the complaint"

  7. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,193 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"

  8. International Audiotext Network, Inc. v. AT&T

    62 F.3d 69 (2d Cir. 1995)   Cited 1,364 times   3 Legal Analyses
    Holding 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

  9. Harris v. Provident Life and Acc. Ins. Co.

    310 F.3d 73 (2d Cir. 2002)   Cited 513 times
    Holding that a genuine issue of fact as to whether plaintiff was disabled and unable to work as a result of her disability and thus, entitled to benefits under an insurance policy with defendant precluded summary judgment on plaintiff's breach of contract claim

  10. Johnson v. Nextel Communications, Inc.

    660 F.3d 131 (2d Cir. 2011)   Cited 351 times
    Identifying the four elements of a breach-of-contract claim under New York law

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,110 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity