29 Cited authorities

Genesis Healthcare Corp. v. Symczyk
569 U.S. 66 (2013) Cited 1,621 times 97 Legal Analyses
Holding that a case is moot if "an intervening circumstance deprives the plaintiff of a personal stake in the outcome of the lawsuit"
Arizonans for Official English v. Arizona
520 U.S. 43 (1997) Cited 2,523 times 7 Legal Analyses
Holding that the plaintiff's challenge to a state law affecting the performance of her job duties was mooted when she left state employment
Valley Forge College v. Americans United
454 U.S. 464 (1982) Cited 4,973 times 4 Legal Analyses
Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"
Simon v. E. Ky. Welfare Rights Org.
426 U.S. 26 (1976) Cited 3,188 times 6 Legal Analyses
Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs
Makarova v. U.S.
201 F.3d 110 (2d Cir. 2000) Cited 3,963 times
Holding that legal issues presented by Rule 12(b) motion are reviewed de novo
County of Los Angeles v. Davis
440 U.S. 625 (1979) Cited 1,777 times 2 Legal Analyses
Holding that voluntary cessation can render an issue moot if “there is no reasonable expectation ... that the alleged violation will recur”
Marek v. Chesny
473 U.S. 1 (1985) Cited 987 times 7 Legal Analyses
Holding that, under Rule 68, costs could be shifted to the plaintiff in a § 1983 action because he rejected a judgment offer that exceeded the sum of his damages and pre-offer cost
Deposit Guaranty Nat. Bank v. Roper
445 U.S. 326 (1980) Cited 988 times 23 Legal Analyses
Holding that denial of class certification is appealable after entry of final judgment
Amidax Trading Group v. S.W.I.F.T. SCRL
671 F.3d 140 (2d Cir. 2011) Cited 519 times
Holding that a court may look to documents attached to the complaint to determine whether an allegation should be "accepted as true"
Small v. Lorillard Tobacco Co.
94 N.Y.2d 43 (N.Y. 1999) Cited 695 times 7 Legal Analyses
Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
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 346,675 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,993 times 1236 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"
Rule 68 - Offer of Judgment
Fed. R. Civ. P. 68 Cited 3,854 times 163 Legal Analyses
Granting costs incurred after plaintiff rejected less favorable offer by defendant
Section 2301 - Definitions
15 U.S.C. § 2301 Cited 2,521 times 36 Legal Analyses
Including as consumers those entitled to enforce a warranty "under applicable State law"
Section 2310 - Remedies in consumer disputes
15 U.S.C. § 2310 Cited 1,606 times 10 Legal Analyses
Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"

Brady v. Basic Research, L.L.C. et al

29 Cited authorities

Holding that a case is moot if "an intervening circumstance deprives the plaintiff of a personal stake in the outcome of the lawsuit"

Holding that the plaintiff's challenge to a state law affecting the performance of her job duties was mooted when she left state employment

Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

Holding that voluntary cessation can render an issue moot if “there is no reasonable expectation ... that the alleged violation will recur”

Holding that, under Rule 68, costs could be shifted to the plaintiff in a § 1983 action because he rejected a judgment offer that exceeded the sum of his damages and pre-offer cost

Holding that denial of class certification is appealable after entry of final judgment

Holding that a court may look to documents attached to the complaint to determine whether an allegation should be "accepted as true"

Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

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

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"

Granting costs incurred after plaintiff rejected less favorable offer by defendant

Including as consumers those entitled to enforce a warranty "under applicable State law"

Permitting recovery of "a sum equal to the aggregate amount of cost and expenses (including attorneys’ fees based on actual time expended)"