Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 times 279 Legal AnalysesHolding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,189 times 4 Legal AnalysesHolding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
Kaufman v. Cohen
307 A.D.2d 113 (N.Y. App. Div. 2003) Cited 1,166 times 4 Legal AnalysesHolding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity
Global Mins. v. Holme
35 A.D.3d 93 (N.Y. App. Div. 2006) Cited 467 times 2 Legal AnalysesHolding that reliance on alleged misrepresentations was unreasonable as a matter of law
Armstrong v. McAlpin
699 F.2d 79 (2d Cir. 1983) Cited 469 timesHolding that appellants' "generalized and conclusory allegations of fraudulent concealment do not satisfy the requirements" of Rule 9 of the Federal Rules of Civil Procedure
Bloor v. Carro, Spanbock, Londin, Rodman & Fass
754 F.2d 57 (2d Cir. 1985) Cited 292 times 1 Legal AnalysesObserving that "an alleged aider and abettor will be liable only where the plaintiff's injury is a direct or reasonably foreseeable result of the defendant's conduct."
Ingle v. Glamore Motor Sales
73 N.Y.2d 183 (N.Y. 1989) Cited 162 times 1 Legal AnalysesHolding that a minority shareholder in a close corporation did not have a fiduciary-rooted exception against at-will discharge where the corporation repurchased his shares pursuant to a repurchase-upon-termination-of-employment clause in a shareholders' agreement
Kolbeck v. LIT America, Inc.
939 F. Supp. 240 (S.D.N.Y. 1996) Cited 122 timesFinding proximate cause lacking where line of causation involved investigation by defendant and subsequent conduct by investigated third party
S K Sales Co. v. Nike, Inc.
816 F.2d 843 (2d Cir. 1987) Cited 138 timesHolding jury could have calculated plaintiff's profits based on undisputed evidence of full year of sales, and on projection which defendant itself found sufficiently credible to cause it to terminate its agreement with plaintiff and establish its own military sales representative
Vitale v. Steinberg
307 A.D.2d 107 (N.Y. App. Div. 2003) Cited 81 timesIn Vitale v. Steinberg, 764 N.Y.S.2d 236 (App.Div. 2003), the court found that an employer-employee profit-sharing plan did not include an agreement to share losses merely by virtue of its paying benefits out over a multi-year period and allowing for the offsetting of benefits in one year by the losses sustained in another year.
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,918 times 316 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"