31 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,861 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,073 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  3. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 3,938 times
    Holding that legal issues presented by Rule 12(b) motion are reviewed de novo
  4. Amnesty America v. Town of West Hartford

    361 F.3d 113 (2d Cir. 2004)   Cited 1,723 times
    Holding that policymaking official must have had notice of "potentially serious problem of unconstitutional conduct, such that the need for corrective action or supervision was 'obvious'"
  5. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,981 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
  6. Carter v. HealthPort Techs., LLC

    822 F.3d 47 (2d Cir. 2016)   Cited 783 times   1 Legal Analyses
    Holding that " defendant's conduct that injures a plaintiff but does so only indirectly, after intervening conduct by another person, may suffice for Article III standing"
  7. Major League Baseball v. Salvino

    542 F.3d 290 (2d Cir. 2008)   Cited 911 times
    Holding adequate foundation for business records exception laid in similar affidavit
  8. Cortlandt St. Recovery Corp. v. Hellas Telecomms.

    790 F.3d 411 (2d Cir. 2015)   Cited 602 times   1 Legal Analyses
    Holding that the "jurisdictional issue must be resolved before the merits issue"
  9. Tandon v. Captain's Cove Marina of Bridgeport, Inc.

    752 F.3d 239 (2d Cir. 2014)   Cited 575 times
    Finding that a dock connected by pilings to the harbor floor and permanently situated in its existing location cannot be a vessel for admiralty jurisdiction purposes
  10. Kamen v. American Tel. Tel. Co.

    791 F.2d 1006 (2d Cir. 1986)   Cited 760 times
    Holding that the district court improperly considered an attorney's affidavit where the affidavit "contain[ed] no information to indicate a basis in personal knowledge for the affiant's conclusory statement"
  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 344,310 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
  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 327,941 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,143 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  14. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,050 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party
  15. Rule 803 - Exceptions to the Rule Against Hearsay-Regardless of Whether the Declarant Is Available as a Witness

    Fed. R. Evid. 803   Cited 12,636 times   85 Legal Analyses
    Recognizing exception to rule against hearsay for records of regularly conducted activities