31 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 189,156 times   29 Legal Analyses
    Holding that there cannot be a genuine issue of material fact where the nonmoving party fails to make a sufficient showing to establish the existence of an essential element
  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 6,929 times   100 Legal Analyses
    Holding that a court may consider documents incorporated into the complaint by reference when ruling on a 12(b) motion
  3. Makarova v. U.S.

    201 F.3d 110 (2d Cir. 2000)   Cited 2,930 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 1,493 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 1,662 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Fed. R. Evid. 201
  6. Major League Baseball v. Salvino

    542 F.3d 290 (2d Cir. 2008)   Cited 703 times
    Holding adequate foundation for business records exception laid in similar affidavit
  7. Tandon v. Captain's Cove Marina of Bridgeport, Inc.

    752 F.3d 239 (2d Cir. 2014)   Cited 355 times
    Noting that "where jurisdictional facts are placed in dispute" on a Rule 12(b) motion, "the court has the power and obligation to decide issues of fact by reference to evidence outside the pleadings, such as affidavits" (alteration and citation omitted)
  8. Carter v. HealthPort Techs., LLC

    822 F.3d 47 (2d Cir. 2016)   Cited 331 times
    Holding allegation that an LLC "is a citizen of a different state" is deficient "because it contains no allegation as to the identity or citizenship" of the members
  9. Cortlandt St. Recovery Corp. v. Hellas Telecomms.

    790 F.3d 411 (2d Cir. 2015)   Cited 327 times   1 Legal Analyses
    Holding that the "jurisdictional issue must be resolved before the merits issue"
  10. Kamen v. American Tel. Tel. Co.

    791 F.2d 1006 (2d Cir. 1986)   Cited 677 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 278,607 times   126 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. 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 258,115 times   760 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 20,322 times   24 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 16,073 times   67 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 10,590 times   87 Legal Analyses
    Recognizing that hearsay statements are admissible if they constitute records of a regularly conducted activity