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Bose v. Interclick, Inc.

MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss.. Document

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 11,123 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so

  4. Goshen v. Mut. Life Ins. Co. of New York

    98 N.Y.2d 314 (N.Y. 2002)   Cited 3,377 times   1 Legal Analyses
    Holding that disclaimers "do not establish a defense as a matter of law"

  5. Pension Fund v. Marine Bank

    85 N.Y.2d 20 (N.Y. 1995)   Cited 1,518 times   1 Legal Analyses
    Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

  6. Stutman v. Chemical Bank

    95 N.Y.2d 24 (N.Y. 2000)   Cited 761 times   5 Legal Analyses
    Holding that statutory consumer-fraud claims do "not require proof of actual reliance," but do require causation

  7. Register.com, Inc. v. Verio, Inc.

    356 F.3d 393 (2d Cir. 2004)   Cited 537 times   8 Legal Analyses
    Holding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers

  8. Foster v. Churchill

    87 N.Y.2d 744 (N.Y. 1996)   Cited 628 times
    Holding that acts in furtherance of an economic interest defeat claims for tortious interference with a contract

  9. Mid-Hudson Catskill Ministry v. Fine Host

    418 F.3d 168 (2d Cir. 2005)   Cited 435 times
    Holding that under New York law, quantum meruit and unjust enrichment claims may be analyzed "together as a single quasi contract claim."

  10. W.R. Huff v. Deloitte Touche

    549 F.3d 100 (2d Cir. 2008)   Cited 383 times   3 Legal Analyses
    Holding that an interest in recovering attorney's fees, alone, is insufficient to create Article III standing

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,391 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,786 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,230 times   408 Legal Analyses
    Holding cellular phones are protected