43 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,437 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,409 times 364 Legal Analyses
Holding 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' "
Thomas v. Arn
474 U.S. 140 (1985) Cited 90,811 times 1 Legal Analyses
Holding that the Sixth Circuit's waiver rule is within its supervisory powers
Wal-Mart Stores, Inc. v. Dukes
564 U.S. 338 (2011) Cited 6,613 times 504 Legal Analyses
Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
Aryeh v. Canon Business Solutions, Inc.
55 Cal.4th 1185 (Cal. 2013) Cited 666 times 2 Legal Analyses
Holding that "[i]nterpretations of federal antitrust law are at most instructive, not conclusive, when construing the Cartwright Act, given that the Cartwright Act was modeled not on federal antitrust statutes but instead on statutes enacted by California's sister states around the turn of the 20th century."
Smith v. Campbell
782 F.3d 93 (2d Cir. 2015) Cited 388 times
Holding that a First Amendment retaliation claim accrued when the plaintiff was issued traffic tickets
Romano v. Kazacos
609 F.3d 512 (2d Cir. 2010) Cited 237 times
Holding that "if subject matter jurisdiction is contested, courts are permitted to look to materials outside the pleadings," including "documents appended to a notice of removal or a motion to remand that convey information essential to the court's jurisdictional analysis"
J'Aire Corp. v. Gregory
24 Cal.3d 799 (Cal. 1979) Cited 380 times 3 Legal Analyses
Finding a "special relationship" to allow recovery of lost business and lost profits arising out of negligent performance of renovation services by a defendant not in privity with the plaintiff
Vu v. Prudential Property & Casualty Insurance
26 Cal.4th 1142 (Cal. 2001) Cited 160 times
Holding that defendant would be estopped from raising statute-of-limitations defense if plaintiff proved that he "reasonably relied" on defendant's misrepresentation
Pike v. New York Life Ins. Co.
72 A.D.3d 1043 (N.Y. App. Div. 2010) Cited 116 times
Holding that the continuing wrong doctrine did not toll the statute of limitations where plaintiff did not point to any specific wrong that occurred each time an insurance premium was paid
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 344,481 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 202 - Cause of action accruing without the state
N.Y. CPLR 202 Cited 578 times
Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

Miller et al v. Metropolitan Life Insurance Company et al

43 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding 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' "

Holding that the Sixth Circuit's waiver rule is within its supervisory powers

Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

Holding that a First Amendment retaliation claim accrued when the plaintiff was issued traffic tickets

Holding that "if subject matter jurisdiction is contested, courts are permitted to look to materials outside the pleadings," including "documents appended to a notice of removal or a motion to remand that convey information essential to the court's jurisdictional analysis"

Finding a "special relationship" to allow recovery of lost business and lost profits arising out of negligent performance of renovation services by a defendant not in privity with the plaintiff

Holding that defendant would be estopped from raising statute-of-limitations defense if plaintiff proved that he "reasonably relied" on defendant's misrepresentation

Holding that the continuing wrong doctrine did not toll the statute of limitations where plaintiff did not point to any specific wrong that occurred each time an insurance premium was paid

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

Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does