58 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 262,357 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 275,664 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
Ernst Ernst v. Hochfelder
425 U.S. 185 (1976) Cited 3,511 times 41 Legal Analyses
Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
Lama Holding Co. v. Smith Barney Inc.
88 N.Y.2d 413 (N.Y. 1996) Cited 2,192 times 3 Legal Analyses
Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim
Kalnit v. Eichler
264 F.3d 131 (2d Cir. 2001) Cited 869 times 1 Legal Analyses
Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”
Port Dock v. Oldcastle
507 F.3d 117 (2d Cir. 2007) Cited 548 times 1 Legal Analyses
Holding that a manufacturer's breach of a distributorship agreement was not anticompetitive because the manufacturer "expected to perform the second level service more efficiently than the old trading partners"
Merrill Lynch v. Allegheny Energy
500 F.3d 171 (2d Cir. 2007) Cited 538 times 5 Legal Analyses
Holding that "resolution of legal questions, including jurisdiction and the right to a jury trial, are subject to de novo review"
Weil, Gotshal Manges v. Fashion Boutique
10 A.D.3d 267 (N.Y. App. Div. 2004) Cited 529 times 1 Legal Analyses
Finding that emails were insufficient to conclusively establish a defense as a matter of law for the purposes of CPLR 3211
Emergent Capital Inv. v. Stonepath Group, Inc.
343 F.3d 189 (2d Cir. 2003) Cited 490 times 2 Legal Analyses
Holding that, in a material misstatement or omission securities fraud action, plaintiffs must allege a price correction to adequately plead loss causation
Wynn v. AC Rochester
273 F.3d 153 (2d Cir. 2001) Cited 422 times
Holding fraudulent misrepresentation claim not preempted by § 301 where state law rather than collective bargaining agreement was source of rights asserted by plaintiffs
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 356,694 times 945 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 161,416 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 39,792 times 329 Legal Analyses
Requiring that fraud be pleaded with particularity

Amusement Industry, Inc. et al v. Buchanan Ingersoll & Rooney, P.C. et al

58 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 Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”

Holding that a manufacturer's breach of a distributorship agreement was not anticompetitive because the manufacturer "expected to perform the second level service more efficiently than the old trading partners"

Holding that "resolution of legal questions, including jurisdiction and the right to a jury trial, are subject to de novo review"

Finding that emails were insufficient to conclusively establish a defense as a matter of law for the purposes of CPLR 3211

Holding that, in a material misstatement or omission securities fraud action, plaintiffs must allege a price correction to adequately plead loss causation

Holding fraudulent misrepresentation claim not preempted by § 301 where state law rather than collective bargaining agreement was source of rights asserted by plaintiffs

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