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HotelsAB Green, LLC v. Reignwood Europe Holdings SARL

MEMORANDUM OF LAW in Support re: 22 MOTION to Dismiss Complaint. . Document

42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 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' "

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

    647 F.3d 419 (2d Cir. 2011)   Cited 1,208 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"

  4. Diesel Props S.r.l. v. Greystone Business Credit II LLC

    631 F.3d 42 (2d Cir. 2011)   Cited 382 times
    Holding that in order for a party to be bound or liable under a contract there must be a contract between the parties

  5. Collins & Aikman Prods. Co. v. Bldg. Sys., Inc.

    58 F.3d 16 (2d Cir. 1995)   Cited 440 times   1 Legal Analyses
    Holding that clause submitting to arbitration "any claim or controversy arising out of or relating to the agreement" is "paradigm of a broad clause" and thus establish presumption of arbitrability

  6. Kenford Co. v. Erie County

    67 N.Y.2d 257 (N.Y. 1986)   Cited 453 times   1 Legal Analyses
    Holding that damages based on lost future profits "may not be merely speculative, possible or imaginary, but must be reasonably certain and directly traceable to the breach, not remote or the result of other intervening causes"

  7. National Market Share, v. Sterling Nat. Bank

    392 F.3d 520 (2d Cir. 2004)   Cited 250 times
    Holding that intervening cause in underlying case was not an affirmative defense because intervening cause was integral part of proximate cause analysis in breach of contract/breach of duty of good faith and fair dealing action

  8. Smith Barney v. Sacharow

    91 N.Y.2d 39 (N.Y. 1997)   Cited 292 times
    Holding that an agreement governed by New York law that states that “[a]ny controversy ... shall be settled by arbitration” clearly and unmistakably reserves the decision of arbitrability for the arbitrator

  9. Vacold LLC v. Cerami

    545 F.3d 114 (2d Cir. 2008)   Cited 149 times   2 Legal Analyses
    Holding that New York law applies where a substantial amount of the conduct at issue underlying the contract-formation dispute occurred in New York and the defendant raised no objection to the application of New York law

  10. John Hancock Life Ins. Co. v. Wilson

    254 F.3d 48 (2d Cir. 2001)   Cited 162 times   1 Legal Analyses
    Holding one party's membership in a regulatory exchange insufficient to establish parties' clear and unmistakable intent to have arbitrator decide issue of arbitrability