107 Cited authorities

  1. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,074 times   30 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"
  2. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 7,309 times   2 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss
  3. Paroline v. United States

    572 U.S. 434 (2014)   Cited 395 times   8 Legal Analyses
    Holding that restitution is "proper under § 2259 only to the extent the defendant's offense proximately caused a victim's losses"
  4. EBC I, Inc. v. Goldman, Sachs & Co.

    5 N.Y.3d 11 (N.Y. 2005)   Cited 1,458 times
    Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales
  5. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,153 times   2 Legal Analyses
    Holding that adequately pleading unjust enrichment requires a plaintiff to allege "that the other party was enriched, at that party's expense, and that it is against equity and good conscience to permit the other party to retain what is sought to be recovered"
  6. Espinal v. Melville Snow Contractors

    98 N.Y.2d 136 (N.Y. 2002)   Cited 1,432 times
    Holding that contract requiring snow removal service to plow when snow accumulation reached three inches was "not the type of 'comprehensive and exclusive' property maintenance obligation contemplated" by previous case law
  7. Guggenheimer v. Ginzburg

    43 N.Y.2d 268 (N.Y. 1977)   Cited 3,285 times   1 Legal Analyses
    Reversing grant of motion to dismiss
  8. Sommer v. Federal Signal Corp.

    79 N.Y.2d 540 (N.Y. 1992)   Cited 791 times   2 Legal Analyses
    Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause
  9. Mirand v. City of New York

    84 N.Y.2d 44 (N.Y. 1994)   Cited 722 times
    Examining a jury verdict to assess whether it was irrational
  10. Palka v. Servicemaster Mgt.

    83 N.Y.2d 579 (N.Y. 1994)   Cited 606 times
    Holding third party liable where third party's all-inclusive maintenance contract rendered it the only guarantor of "a safe and clean . . . premises."