44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 172,224 times   246 Legal Analyses
    Holding that a "'naked assertion[]' devoid of 'further factual enhancement'" does not adequately state a claim on which relief can be granted (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 557 (2007))
  2. Bell Atl. Corp. v Twombly

    550 U.S. 544 (2007)   Cited 189,491 times   329 Legal Analyses
    Holding that a complaint must plead "enough facts to state a claim to relief that is plausible on its face"
  3. Arista Records v. Doe 3

    604 F.3d 110 (2d Cir. 2010)   Cited 1,429 times
    Holding defendant's "expectation of privacy for sharing copyrighted [works] through an online file-sharing network [was] simply insufficient to permit him to avoid having to defend against a claim of copyright infringement"
  4. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 841 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"
  5. Lundy v. Catholic Health Sys. of Long Island Inc.

    711 F.3d 106 (2d Cir. 2013)   Cited 608 times   8 Legal Analyses
    Holding that an agency relationship requires pleading of facts showing that agent "had apparent or actual authority to bind" principal, and mere conclusory statements of agency status are insufficient to state a claim
  6. Mangiafico v. Blumenthal

    471 F.3d 391 (2d Cir. 2006)   Cited 582 times
    Holding that a motion to dismiss is not converted where the court refers to extraneous material for background purposes but does not rely on it as a basis for dismissal
  7. First Capital Asset Mgmt. v. Satinwood, Inc.

    385 F.3d 159 (2d Cir. 2004)   Cited 478 times
    Holding that predicate acts over two-and-a-half years did not constitute closed-ended continuity because the complaint "alleged that [defendant] engaged in a single scheme to defraud two creditors by quickly moving his assets to his relatives and then concealing the existence of those assets during his bankruptcy proceeding"
  8. U.S. v. Autuori

    212 F.3d 105 (2d Cir. 2000)   Cited 445 times
    Holding that a jury verdict must be upheld if a rational trier of fact "could have found the essential elements of the crime beyond a reasonable doubt"
  9. Spool v. World Child

    520 F.3d 178 (2d Cir. 2008)   Cited 344 times   1 Legal Analyses
    Holding "a serious, but discrete and relatively short-lived scheme . . . insufficient to establish open-ended continuity"
  10. Crawford v. Franklin Credit Mgmt. Corp.

    758 F.3d 473 (2d Cir. 2014)   Cited 272 times
    Holding that section 349(b) controls over section 554(d) because after dismissal of a bankruptcy case, there is "no longer any bankruptcy estate ... no longer any property of the estate"
  11. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 20,536 times   50 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  12. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 12,773 times   50 Legal Analyses
    Listing state law offenses constituting predicate acts
  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 12,765 times   39 Legal Analyses
    Participating in the affairs of an enterprise through a pattern of racketeering activity
  14. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 2,292 times   303 Legal Analyses
    Holding that the statute creates a cause of action against "whoever conspires to commit or attempts to commit" an offense under § 1030, but makes no mention of aiding and abetting liability
  15. Section 1602 - Definitions and rules of construction

    15 U.S.C. § 1602   Cited 1,684 times   9 Legal Analyses
    Granting Federal Reserve authority to issue rules to carry out the CARD Act
  16. Section 1638 - Transactions other than under an open end credit plan

    15 U.S.C. § 1638   Cited 1,008 times   2 Legal Analyses
    Describing TILA’s disclosure requirements for consumer credit transactions
  17. Section 2202 - Further relief

    28 U.S.C. § 2202   Cited 742 times
    Permitting court to issue "[f]urther necessary or proper relief based on a declaratory judgment"
  18. Section 1637 - Open end consumer credit plans

    15 U.S.C. § 1637   Cited 281 times   4 Legal Analyses
    Enumerating “[r]equired disclosures” to be made by a creditor to a consumer before an open end consumer credit account can be opened, including disclosures related to billing disputes
  19. Section 14-A - Rate of interest; superintendent of financial services to adopt regulations

    N.Y. Banking Law § 14-A   Cited 228 times   2 Legal Analyses
    Noting original enactment date of Dec. 31, 1979