19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 270,859 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 283,705 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
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 4,058 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
Starr v. Sony BMG Music Entm't
592 F.3d 314 (2d Cir. 2010) Cited 571 times 4 Legal Analyses
Holding that a plaintiff need only "alleged specific facts sufficient to plausibly suggest that the parallel conduct alleged was the result of an agreement among the defendants"
Port Dock v. Oldcastle
507 F.3d 117 (2d Cir. 2007) Cited 558 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"
Conopco, Inc. v. Campbell Soup Company
95 F.3d 187 (2d Cir. 1996) Cited 276 times 5 Legal Analyses
Holding that when the statute of limitations period has not run, a defendant may claim laches but has the burden of proof to demonstrate it
Merrill Lynch Investment Managers v. Optibase, Ltd.
337 F.3d 125 (2d Cir. 2003) Cited 226 times
Holding that a non-signatory was not bound by an arbitral award where the plaintiff failed to adduce facts that would support an alter ego theory or any other theory on which a non-signatory can be forced to arbitrate
Meisel v. Grunberg
651 F. Supp. 2d 98 (S.D.N.Y. 2009) Cited 132 times
Holding that actions outside the scope of the agent's authority cannot be imputed to the principal
RSM Production Corp. v. Fridman
643 F. Supp. 2d 382 (S.D.N.Y. 2009) Cited 126 times
Holding that for tortious interference of contract claims, a plaintiff must show "that there would not have been a breach but for the activities of the defendant"
Scholastic, Inc. v. Stouffer
221 F. Supp. 2d 425 (S.D.N.Y. 2002) Cited 38 times
Holding that defendant's "knowing submission" of evidence containing a misrepresentation was a fraud upon the court
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 365,903 times 967 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 339,516 times 162 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,898 times 330 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 8,051 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 5,167 times 163 Legal Analyses
Granting district courts significant discretion to award damages for a violation of § 1125

Anastasia International,Inc,. v. EM Online PTY LTD

19 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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 because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding that a plaintiff need only "alleged specific facts sufficient to plausibly suggest that the parallel conduct alleged was the result of an agreement among the defendants"

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 when the statute of limitations period has not run, a defendant may claim laches but has the burden of proof to demonstrate it

Holding that a non-signatory was not bound by an arbitral award where the plaintiff failed to adduce facts that would support an alter ego theory or any other theory on which a non-signatory can be forced to arbitrate

Holding that actions outside the scope of the agent's authority cannot be imputed to the principal

Holding that for tortious interference of contract claims, a plaintiff must show "that there would not have been a breach but for the activities of the defendant"

Holding that defendant's "knowing submission" of evidence containing a misrepresentation was a fraud upon the court

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Granting district courts significant discretion to award damages for a violation of § 1125