47 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,086 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.
  3. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,892 times   110 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )
  4. Cleveland v. Policy Management Systems Corp.

    526 U.S. 795 (1999)   Cited 865 times   1 Legal Analyses
    Holding that in order to discredit an affidavit at summary judgment, it must, for example, "flatly contradict that party's earlier sworn deposition"
  5. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,832 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
  6. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,420 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
  7. Metropolitan Life Ins. v. Robertson-Ceco Corp.

    84 F.3d 560 (2d Cir. 1996)   Cited 1,407 times
    Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"
  8. Bank Brussels v. Fiddler Gonzalez Rodriguez

    171 F.3d 779 (2d Cir. 1999)   Cited 787 times
    Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
  9. Jazini ex rel. Jazini v. Nissan Motor Co.

    148 F.3d 181 (2d Cir. 1998)   Cited 709 times   2 Legal Analyses
    Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction
  10. Kirch v. Liberty Media Corp.

    449 F.3d 388 (2d Cir. 2006)   Cited 507 times
    Holding that plaintiffs failed to allege actual breach where plaintiff nowhere asserted that third party actually breached a contract, and refusing to infer from plaintiff's claims that third party “abandoned” and “walked away” from a deal that third party “violated the terms of a contract with [plaintiff] when it did so”
  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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 92,835 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  15. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,113 times   1078 Legal Analyses
    Holding that testing is a "use"
  16. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,286 times   5 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
  17. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,578 times
    Codifying caselaw that incorporates "doing business" standard