56 Cited authorities

  1. 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
  2. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,338 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court
  3. Quackenbush v. Allstate Ins. Co.

    517 U.S. 706 (1996)   Cited 2,644 times   5 Legal Analyses
    Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)
  4. New Orleans Pub. Serv., Inc. v. New Orleans

    491 U.S. 350 (1989)   Cited 2,054 times   3 Legal Analyses
    Holding that Burford abstention is not appropriate where the plaintiff's claim "does not involve a state-law claim," and rejecting the Fifth Circuit's declaration that "`the absence of a state law claim [is] not fatal'" to the application of Burford abstention
  5. Burford v. Sun Oil Co.

    319 U.S. 315 (1943)   Cited 2,431 times   7 Legal Analyses
    Holding that a federal court may abstain from exercising its equity jurisdiction where doing so would "be prejudicial to the public interest" or would "so clearly involve basic problems of [State] policy" (quoting United States ex rel. Greathouse v. Dern , 289 U.S. 352, 360, 53 S.Ct. 614, 77 L.Ed. 1250 (1933) )
  6. J.S. ex Rel. N.S. v. Attica Cent. Schools

    386 F.3d 107 (2d Cir. 2004)   Cited 948 times
    Holding that exhaustion was excused where the plaintiffs challenged "the [s]chool [d]istrict's total failure to prepare and implement Individualized Education Programs," among other systemic issues
  7. Rocanova v. Equitable Life

    83 N.Y.2d 603 (N.Y. 1994)   Cited 990 times   1 Legal Analyses
    Holding "[p]unitive damages are not recoverable for an ordinary breach of contract"
  8. Dalton v. Educ. Testing Serv

    87 N.Y.2d 384 (N.Y. 1995)   Cited 908 times   4 Legal Analyses
    Holding that defendant testing service breached the implied covenant by ignoring evidence it invited the plaintiff to submit
  9. In re Sharp Intern. Corp.

    403 F.3d 43 (2d Cir. 2005)   Cited 646 times   2 Legal Analyses
    Holding that plaintiff must satisfy specific pleading requirements of Rule 9(b) to state actual fraudulent transfer claim under New York law
  10. Alabama Comm'n v. Southern R. Co.

    341 U.S. 341 (1951)   Cited 482 times
    Holding that abstention was proper when the plaintiff's claim consisted of a challenge to an administrative decision born out of a scheme already held constitutional by the Supreme Court
  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 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
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,874 times   1249 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  13. Section 7803 - Questions raised

    N.Y. CPLR 7803   Cited 5,033 times
    Listing the “only questions” that may be raised in an Article 78 proceeding
  14. Section 7804 - Procedure

    N.Y. C.P.L.R. § 7804   Cited 4,627 times
    Characterizing Article 78 proceeding as a “special proceeding” and specifying where such a proceeding may be “brought”
  15. Section 408 - Disclosure

    N.Y. C.P.L.R. § 408   Cited 488 times
    Requiring leave of court for most forms of discovery in special proceedings
  16. Section 109 - Penalties; civil actions

    N.Y. Ins. Law § 109   Cited 65 times
    Authorizing superintendent to impose monetary penalties