21 Cited authorities

Foman v. Davis
371 U.S. 178 (1962) Cited 29,772 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Laber v. Harvey
438 F.3d 404 (4th Cir. 2006) Cited 2,221 times 1 Legal Analyses
Holding that a federal employee cannot bring a civil action placing only the allegedly insufficient administrative remedy at issue-the employee must also place the finding of discrimination at issue
Lucente v. International Bus. Machines Corp.
310 F.3d 243 (2d Cir. 2002) Cited 1,494 times 2 Legal Analyses
Holding that the New York rule does not apply in breach of contract cases
Bensusan Restaurant Corporation v. King
126 F.3d 25 (2d Cir. 1997) Cited 520 times
Holding that, even if the plaintiff suffered injury in New York, "that does not establish a tortious act in the state of New York within the meaning of § 302"
Dluhos v. Floating and Abandoned Vessel
162 F.3d 63 (2d Cir. 1998) Cited 353 times
Holding while that “[g]enerally leave to amend should be freely given, and a pro se litigant in particular should be afforded every reasonable opportunity to demonstrate that he has a valid claim ... a motion to amend should [nonetheless] be denied if there is an apparent or declared reason—such as ... repeated failure to cure deficiencies by amendments previously allowed”
Jones v. New York State Div. of Military and Naval Affairs
166 F.3d 45 (2d Cir. 1998) Cited 308 times
Holding the intramilitary immunity applies to suits for damages under 42 U.S.C. § 1983
In re Gaston Snow
243 F.3d 599 (2d Cir. 2001) Cited 185 times
Holding that the forum state's choice-of-law rules apply in the absence of a strong federal interest
Kalb, Voorhis & Co. v. American Financial Corp.
8 F.3d 130 (2d Cir. 1993) Cited 218 times
Holding that the "law of the state of incorporation determines when the corporate form will be disregarded and liability will be imposed on shareholders"
In re Currency Conversion Fee Antitrust Litig.
265 F. Supp. 2d 385 (S.D.N.Y. 2003) Cited 156 times
Holding that the plaintiffs "failed to allege any facts to support their conclusion that the bank holding companies exercised such dominion and control over its subsidiaries" and explaining further that "[t]he unadorned invocation of dominion and control is simply not enough"
Intercontinental Planning v. Daystrom
24 N.Y.2d 372 (N.Y. 1969) Cited 337 times
Holding that a written reference to a finder's fee for one transaction did not support a claim arising from a transaction involving different parties
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 361,853 times 961 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,896 times 92 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
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,370 times 6 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"
Section 301 - Jurisdiction over persons, property or status
N.Y. CPLR 301 Cited 1,600 times
Codifying caselaw that incorporates "doing business" standard

Arista Records LLC et al v. Usenet.com, Inc.

21 Cited authorities

Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that a federal employee cannot bring a civil action placing only the allegedly insufficient administrative remedy at issue-the employee must also place the finding of discrimination at issue

Holding that the New York rule does not apply in breach of contract cases

Holding that, even if the plaintiff suffered injury in New York, "that does not establish a tortious act in the state of New York within the meaning of § 302"

Holding the intramilitary immunity applies to suits for damages under 42 U.S.C. § 1983

Holding that the forum state's choice-of-law rules apply in the absence of a strong federal interest

Holding that the "law of the state of incorporation determines when the corporate form will be disregarded and liability will be imposed on shareholders"

Holding that the plaintiffs "failed to allege any facts to support their conclusion that the bank holding companies exercised such dominion and control over its subsidiaries" and explaining further that "[t]he unadorned invocation of dominion and control is simply not enough"

Holding that a written reference to a finder's fee for one transaction did not support a claim arising from a transaction involving different parties

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

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

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"

Codifying caselaw that incorporates "doing business" standard