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Burton v. iYogi, Inc

RESPONSE in Opposition to Motion re: 19 MOTION to Dismiss Plaintiff Janet Burton's Complaint.. Document

31 Cited authorities

  1. McCarthy v. Dun & Bradstreet Corp.

    482 F.3d 184 (2d Cir. 2007)   Cited 3,276 times
    Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"

  2. Harris v. City of New York

    186 F.3d 243 (2d Cir. 1999)   Cited 1,056 times
    Holding that a Title VII failure to promote claim accrued when the plaintiff "knew or should have known that he had been passed over for promotion"

  3. Aetna Cas. and Sur. v. Aniero Concrete

    404 F.3d 566 (2d Cir. 2005)   Cited 711 times
    Holding that courts assessing futility must accept as true the well-pleaded factual allegations of the proposed amended pleading

  4. Faulkner v. Beer

    463 F.3d 130 (2d Cir. 2006)   Cited 635 times
    Holding that “if a plaintiff had not received a copy of [documents referenced in the contract], then that plaintiff's claims could not be dismissed based on warnings of risk in those documents”

  5. Kaye v. Grossman

    202 F.3d 611 (2d Cir. 2000)   Cited 572 times
    Holding that, under New York law, a claim for unjust enrichment demands that a plaintiff allege "1

  6. Lipton v. Nature Co.

    71 F.3d 464 (2d Cir. 1995)   Cited 506 times   5 Legal Analyses
    Holding that defendant's claim that he conducted "thorough" research was nonactionable puffery

  7. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.

    837 F. Supp. 2d 162 (S.D.N.Y. 2011)   Cited 274 times
    Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"

  8. Sanders v. Apple Inc.

    672 F. Supp. 2d 978 (N.D. Cal. 2009)   Cited 177 times   1 Legal Analyses
    Granting motion to strike with leave to amend to define a narrower class

  9. LC Capital Partners, LP v. Frontier Insurance Group, Inc.

    318 F.3d 148 (2d Cir. 2003)   Cited 198 times
    Holding that when the relevant facts "can be gleaned from the complaint and papers ... integral to the complaint, resolution of the issue on a motion to dismiss is appropriate"

  10. Barberan v. Nationpoint

    706 F. Supp. 2d 408 (S.D.N.Y. 2010)   Cited 104 times
    Holding that plaintiffs had not pled a common law or Article 15 claim where they "failed to allege any facts regarding [the defendant's] interest in the Property"

  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 354,229 times   943 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,529 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"