55 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Haines v. Kerner

    404 U.S. 519 (1972)   Cited 59,572 times
    Holding pro se submissions "to less stringent standards than formal pleadings drafted by lawyers"
  3. Gertz v. Robert Welch, Inc.

    418 U.S. 323 (1974)   Cited 3,904 times   16 Legal Analyses
    Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice
  4. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,388 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
  5. Matsushita Elec. Industrial Co. v. Epstein

    516 U.S. 367 (1996)   Cited 529 times   10 Legal Analyses
    Holding that the Exchange Act's exclusive-jurisdiction provision sought "to achieve greater uniformity of construction and more effective and expert application of that law"
  6. Philadelphia Newspapers, Inc. v. Hepps

    475 U.S. 767 (1986)   Cited 692 times   1 Legal Analyses
    Holding that where plaintiff is a private figure and newspaper articles are a matter of public concern, there is a "constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages"
  7. Howell v. New York Post Co.

    81 N.Y.2d 115 (N.Y. 1993)   Cited 1,458 times
    Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."
  8. Ruston v. Town Bd. for Town Skaneateles

    610 F.3d 55 (2d Cir. 2010)   Cited 637 times   2 Legal Analyses
    Holding “that the pleading standard set out in Iqbal supersedes the ‘general allegation' deemed sufficient in DeMuria”
  9. Dillon v. City of New York

    261 A.D.2d 34 (N.Y. App. Div. 1999)   Cited 868 times   2 Legal Analyses
    Holding that "[d]efamation has long been recognized to arise from the making of a false statement which tends to expose the plaintiff to public contempt, ridicule, aversion or disgrace, or induce an evil opinion of him in the minds of right-thinking persons, and to deprive him of their friendly intercourse in society."
  10. Liberman v. Gelstein

    80 N.Y.2d 429 (N.Y. 1992)   Cited 1,016 times   5 Legal Analyses
    Holding an interloper's statements to the party (potentially slanderous per se because "tend[ing] to injure [the counter-party] in his or her trade, business or profession") could subject the interloper to liability for tortious interference if the party declined to proceed with the transaction on that basis
  11. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 113,606 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"
  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,910 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
  14. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,629 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  15. Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit

    28 U.S.C. § 1738   Cited 7,588 times   16 Legal Analyses
    Referring to "[t]he Acts of the legislature" in the full faith and credit context
  16. Rule 3 - Commencing an Action

    Fed. R. Civ. P. 3   Cited 3,035 times   5 Legal Analyses
    Stating that once the inmate has filed his motion with the clerk, "[t]he clerk must file the motion and enter it on the criminal docket of the case in which the challenged judgment was entered"
  17. Rule 44.1 - Determining Foreign Law

    Fed. R. Civ. P. 44.1   Cited 1,221 times   23 Legal Analyses
    Noting the court's determination of foreign law is treated as a question of law
  18. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 566 times   13 Legal Analyses
    Affording cause of action for commercial use of name or picture without prior written consent
  19. Section 74 - Privileges in action for libel

    N.Y. Civ. Rights Law § 74   Cited 394 times   4 Legal Analyses

    A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published. This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding