13 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 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 279,746 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 29,738 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
Roth v. Jennings
489 F.3d 499 (2d Cir. 2007) Cited 1,438 times
Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
Lucente v. International Bus. Machines Corp.
310 F.3d 243 (2d Cir. 2002) Cited 1,491 times 2 Legal Analyses
Holding that the New York rule does not apply in breach of contract cases
Dougherty v. Town of N. Hempstead Bd. of Zoning
282 F.3d 83 (2d Cir. 2002) Cited 1,131 times 4 Legal Analyses
Holding that because "Dougherty [n]either sought, [n]or was denied, a variance," he "has not received a final decision under Williamson"
Port Dock v. Oldcastle
507 F.3d 117 (2d Cir. 2007) Cited 553 times 1 Legal Analyses
Holding that a manufacturer's breach of a distributorship agreement was not anticompetitive because the manufacturer "expected to perform the second level service more efficiently than the old trading partners"
Arar v. Ashcroft
585 F.3d 559 (2d Cir. 2009) Cited 466 times 1 Legal Analyses
Holding that "[o]n a motion to dismiss, courts require enough facts to state a claim to relief that is plausible"
Absolute Activist Value Master Fund Ltd. v. Ficeto
677 F.3d 60 (2d Cir. 2012) Cited 228 times 22 Legal Analyses
Holding that the complaint must sufficiently allege domestic purchases to state a claim under § 10(b)
Beautiful Jewellers Private v. Tiffany Co.
438 F. App'x 20 (2d Cir. 2011) Cited 30 times
Finding that "unsigned draft agreements exchanged between the parties do not reflect the existence of a verbal agreement that was to continue indefinitely"
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 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,788 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
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 5,614 times 9 Legal Analyses
Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

Citigroup Mortgage Loan Trust 2007-AMC3, by U.S. Bank, National Association v. Citigroup Global Markets Realty Corp.

13 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 the New York rule does not apply in breach of contract cases

Holding that because "Dougherty [n]either sought, [n]or was denied, a variance," he "has not received a final decision under Williamson"

Holding that a manufacturer's breach of a distributorship agreement was not anticompetitive because the manufacturer "expected to perform the second level service more efficiently than the old trading partners"

Holding that "[o]n a motion to dismiss, courts require enough facts to state a claim to relief that is plausible"

Holding that the complaint must sufficiently allege domestic purchases to state a claim under § 10(b)

Finding that "unsigned draft agreements exchanged between the parties do not reflect the existence of a verbal agreement that was to continue indefinitely"

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

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

Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"