42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 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
Kassner v. 2nd Avenue Delicatessen Inc.
496 F.3d 229 (2d Cir. 2007) Cited 1,699 times 3 Legal Analyses
Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"
Rothman v. Gregor
220 F.3d 81 (2d Cir. 2000) Cited 1,352 times 1 Legal Analyses
Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )
Morris v. Dept. of Taxation
82 N.Y.2d 135 (N.Y. 1993) Cited 1,445 times 4 Legal Analyses
Holding that "piercing the corporate veil requires a showing that: the owners exercised complete domination of the corporation in respect to the transaction attacked; and that such domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff's injury."
Bank of New York v. First Millennium, Inc.
607 F.3d 905 (2d Cir. 2010) Cited 503 times 1 Legal Analyses
Holding that 12 U.S.C. § 1821(d)(D) "bars only claims that could be brought under [FIRREA’s] administrative procedures"
NetJets Aviation, Inc. v. LHC Communications, LLC
537 F.3d 168 (2d Cir. 2008) Cited 395 times
Holding account stated claim not duplicative of breach of contract claim where attorneys' fees recoverable under breach of contract claim but not account stated claim
TNS Holdings, Inc. v. MKI Sec. Corp.
92 N.Y.2d 335 (N.Y. 1998) Cited 492 times 2 Legal Analyses
Holding that "interrelatedness, standing alone, is not enough to subject a nonsignatory to arbitration"
DiBella v. Hopkins
403 F.3d 102 (2d Cir. 2005) Cited 242 times 1 Legal Analyses
Holding that, when hearing a New York state-law claim "under our diversity jurisdiction, we are obligated to apply New York's standard of proof"
People v. Applied Card
2008 N.Y. Slip Op. 5780 (N.Y. 2008) Cited 212 times
Holding that, when determining whether to apply res judicata to non-parties, courts “must determine whether the severe consequences of preclusion flowing from a finding of privity strike a fair result under the circumstances”
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity

American Federated Title Corporation v. GFI Management Services, Inc. et al

42 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"

Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )

Holding that "piercing the corporate veil requires a showing that: the owners exercised complete domination of the corporation in respect to the transaction attacked; and that such domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff's injury."

Holding that 12 U.S.C. § 1821(d)(D) "bars only claims that could be brought under [FIRREA’s] administrative procedures"

Holding account stated claim not duplicative of breach of contract claim where attorneys' fees recoverable under breach of contract claim but not account stated claim

Holding that "interrelatedness, standing alone, is not enough to subject a nonsignatory to arbitration"

Holding that, when hearing a New York state-law claim "under our diversity jurisdiction, we are obligated to apply New York's standard of proof"

Holding that, when determining whether to apply res judicata to non-parties, courts “must determine whether the severe consequences of preclusion flowing from a finding of privity strike a fair result under the circumstances”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity