32 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 270,230 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 283,122 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
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,569 times 5 Legal Analyses
Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
Mandarin v. Wildenstein
2011 N.Y. Slip Op. 741 (N.Y. 2011) Cited 1,688 times 5 Legal Analyses
Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"
Corsello v. Verizon N.Y., Inc.
2012 N.Y. Slip Op. 2343 (N.Y. 2012) Cited 1,021 times
Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"
Harris v. Seward Park
79 A.D.3d 425 (N.Y. App. Div. 2010) Cited 882 times
Holding that "elements of such a [breach of contract] claim include the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages."
Beth Israel Med. v. Hori. Blue Cross
448 F.3d 573 (2d Cir. 2006) Cited 703 times
Holding that whether a hospital's failure to object to a lower reimbursement rate over a period of eight years constituted a waiver of its contractual right to the higher reimbursement rate was a question of fact
Benak ex Rel. Alliance v. Alliance Capital
435 F.3d 396 (3d Cir. 2006) Cited 333 times
Holding dismissal is appropriate where "it appears to a certainty that no relief could be granted under any set of facts which could be proved."
Bynog v. Cipriani Grp., Inc.
1 N.Y.3d 193 (N.Y. 2003) Cited 267 times 1 Legal Analyses
Finding waiters as independent contractors when waiters worked at their own discretion, worked for competitors, and received limited instructions
Edge Management Consulting, Inc. v. Blank
25 A.D.3d 364 (N.Y. App. Div. 2006) Cited 180 times 1 Legal Analyses
Holding that an entity was barred from obtaining common-law indemnification as it was under a contractual and statutory duty to maintain premises, and thus fault would have been demonstrated if the entity was found liable in the underlying action
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 365,275 times 966 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 165,832 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 190 - Definitions
N.Y. Lab. Law § 190 Cited 1,050 times 7 Legal Analyses
Defining "wages" as "earnings for labor or services rendered"
Section 191 - Frequency of payments
N.Y. Lab. Law § 191 Cited 541 times 19 Legal Analyses
Providing that " manual worker shall be paid weekly and not later than seven calendar days after the end of the week in which wages are earned," unless the authorization for less frequent payments has been provided by the Commissioner of the New York State Department of Labor
Section 193 - Deductions from wages
N.Y. Lab. Law § 193 Cited 491 times 42 Legal Analyses
Describing the limited circumstances in which employers may deduct wages
Section 198-C - Benefits or wage supplements
N.Y. Lab. Law § 198-C Cited 120 times 1 Legal Analyses
Providing for employee recovery of unreimbursed expenses from employers

Cantona et al v. New York Cosmos LLC

32 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

Holding that "elements of such a [breach of contract] claim include the existence of a contract, the plaintiff's performance thereunder, the defendant's breach thereof, and resulting damages."

Holding that whether a hospital's failure to object to a lower reimbursement rate over a period of eight years constituted a waiver of its contractual right to the higher reimbursement rate was a question of fact

Holding dismissal is appropriate where "it appears to a certainty that no relief could be granted under any set of facts which could be proved."

Finding waiters as independent contractors when waiters worked at their own discretion, worked for competitors, and received limited instructions

Holding that an entity was barred from obtaining common-law indemnification as it was under a contractual and statutory duty to maintain premises, and thus fault would have been demonstrated if the entity was found liable in the underlying action

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Defining "wages" as "earnings for labor or services rendered"

Providing that " manual worker shall be paid weekly and not later than seven calendar days after the end of the week in which wages are earned," unless the authorization for less frequent payments has been provided by the Commissioner of the New York State Department of Labor

Describing the limited circumstances in which employers may deduct wages

Providing for employee recovery of unreimbursed expenses from employers