55 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 183,147 times   18 Legal Analyses
    Holding that the moving party bears the initial burden of showing that there is no genuine dispute of material fact on a motion for summary judgment
  2. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,445 times   78 Legal Analyses
    Holding that when Congress omits language from one statute that it included in another similar statute, courts give that choice meaning
  3. 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
  4. Janus Capital Group Inc. v. First Derivative Traders

    564 U.S. 135 (2011)   Cited 433 times   94 Legal Analyses
    Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”
  5. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,527 times   1 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"
  6. Merrill Lynch v. Allegheny Energy

    500 F.3d 171 (2d Cir. 2007)   Cited 385 times   3 Legal Analyses
    Holding that "resolution of legal questions, including jurisdiction and the right to a jury trial, are subject to de novo review"
  7. Wright v. Ernst & Young LLP

    152 F.3d 169 (2d Cir. 1998)   Cited 492 times   10 Legal Analyses
    Holding a party may not amend its complaint by advancing a new theory of liability for the first time in its opposition to a motion to dismiss
  8. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 469 times
    Holding that vanishing premium sales practices, as pled, "fall within the purview" of the state deceptive business practices statute but do "not constitute a `misrepresentation or material omission' necessary to sustain a cause of action for fraud"
  9. South Road Associates, LLC v. International Business Machines Corp.

    4 N.Y.3d 272 (N.Y. 2005)   Cited 366 times
    Holding that the term "premises" in the disputed contract unambiguously referred only to the "interior space" of a leased real estate property based on a reading of the lease "as a whole," which frequently listed the term "premises" separately from things such as "the water tower, appurtenances, land, parking lot and building"
  10. Distiso v. Cook

    691 F.3d 226 (2d Cir. 2012)   Cited 245 times   2 Legal Analyses
    Holding a jury could find a principal acted clearly unreasonably when he did nothing other than speak to a teacher following kindergarten racial-name calling
  11. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 6,549 times   18 Legal Analyses
    Allowing guardians and similar representatives to bring claims on behalf of others
  12. § 270.2a-7 Money market funds

    17 C.F.R. § 270.2a-7   Cited 5 times   1 Legal Analyses

    (a) Definitions - (1) Acquisition (or acquire) means any purchase or subsequent rollover (but does not include the failure to exercise a demand feature). (2) Amortized cost method of valuation means the method of calculating an investment company's net asset value whereby portfolio securities are valued at the fund's acquisition cost as adjusted for amortization of premium or accretion of discount rather than at their value based on current market factors. (3) Asset-backed security means a fixed

  13. § 270.17a-9 Purchase of certain securities from a money market fund by an affiliate, or an affiliate of an affiliate

    17 C.F.R. § 270.17a-9   Cited 2 times

    The purchase of a security from the portfolio of an open-end investment company holding itself out as a money market fund by any affiliated person or promoter of or principal underwriter for the money market fund or any affiliated person of such person shall be exempt from section 17(a) of the Act (15 U.S.C. 80a-17(a)); provided that: (a) In the case of a portfolio security that has ceased to be an Eligible Security (as defined in § 270.2a-7(a)(12)), or has defaulted (other than an immaterial default