40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 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
Foman v. Davis
371 U.S. 178 (1962) Cited 29,826 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Harris v. Mills
572 F.3d 66 (2d Cir. 2009) Cited 7,049 times
Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process
Robbins v. Oklahoma
519 F.3d 1242 (10th Cir. 2008) Cited 6,086 times 1 Legal Analyses
Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"
McCarthy v. Dun & Bradstreet Corp.
482 F.3d 184 (2d Cir. 2007) Cited 3,385 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"
Aetna Cas. and Sur. v. Aniero Concrete
404 F.3d 566 (2d Cir. 2005) Cited 720 times
Holding that a duty to disclose can arise when "one party possesses superior knowledge, not readily available to the other, and knows that the other is acting on the basis of mistaken knowledge"
Chill v. General Electric Company
101 F.3d 263 (2d Cir. 1996) Cited 660 times 2 Legal Analyses
Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"
Kaplan v. Rose
49 F.3d 1363 (9th Cir. 1994) Cited 554 times
Holding that the CEO of small company had proved good faith by submitting an uncontradicted affidavit stating that he never directed anyone to make misstatements that he knew to be misleading
Cresswell v. Sullivan Cromwell
922 F.2d 60 (2d Cir. 1990) Cited 557 times
Holding that a United States citizen domiciled abroad cannot ever be diverse from any opposing party
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 362,607 times 962 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 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 95,100 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,207 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,932 times 111 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
Section 501 - Infringement of copyright
17 U.S.C. § 501 Cited 3,382 times 30 Legal Analyses
Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

Capitol Records, LLC v. Redigi Inc.

40 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

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"

Holding that a duty to disclose can arise when "one party possesses superior knowledge, not readily available to the other, and knows that the other is acting on the basis of mistaken knowledge"

Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"

Holding that the CEO of small company had proved good faith by submitting an uncontradicted affidavit stating that he never directed anyone to make misstatements that he knew to be misleading

Holding that a United States citizen domiciled abroad cannot ever be diverse from any opposing party

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. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Requiring that fraud be pleaded with particularity

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"