47 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  2. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,845 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 22,614 times   109 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 833 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 1,826 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 1,399 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 1,381 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 775 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 698 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 501 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 346,675 times   923 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 156,633 times   194 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 90,772 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 69,253 times   122 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 6,052 times   1053 Legal Analyses
    Holding that testing is a "use"
  16. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. CPLR 302   Cited 4,207 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 1,553 times
    Codifying caselaw that incorporates "doing business" standard