31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,409 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 284,187 times   370 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
  3. Walker v. Schult

    717 F.3d 119 (2d Cir. 2013)   Cited 3,440 times
    Holding the following prison conditions plausibly alleged an Eighth Amendment claim: "for approximately twenty-eight months, he was confined in a cell with five other men, with inadequate space and ventilation, stifling heat in the summer and freezing cold in the winter, unsanitary conditions, including urine and feces splattered on the floor, insufficient cleaning supplies, a mattress too narrow for him to lie on flat, and noisy, crowded conditions that made sleep difficult and placed him at constant risk of violence and serious harm from cellmates"
  4. AEP Energy Servs. Gas Holding Co. v. Bank of Am., N.A.

    626 F.3d 699 (2d Cir. 2010)   Cited 473 times
    Holding that plaintiffs' expert report that contradicted plaintiff's prior representations was insufficient to defeat motion for summary judgment
  5. Warner Cable v. Directv

    497 F.3d 144 (2d Cir. 2007)   Cited 325 times   13 Legal Analyses
    Holding that a claim is puffery when it consists of "subjective claims about products, which cannot be proven either true or false"
  6. Polaroid Corp. v. Polarad Electronics Corp.

    287 F.2d 492 (2d Cir. 1961)   Cited 1,263 times   18 Legal Analyses
    Listing factors, including actual confusion, to be considered in assessing whether the Lanham Act’s "likelihood of confusion" test for infringement is met
  7. Rescuecom Corp. v. Google Inc.

    562 F.3d 123 (2d Cir. 2009)   Cited 237 times   8 Legal Analyses
    Holding that complaint regarding Google's AdWord's recommendation of plaintiff's trademark to plaintiff's competitors "adequately plead[ed] a use in commerce" under the Lanham Act
  8. Camel Hair Mfrs. v. Saks

    284 F.3d 302 (1st Cir. 2002)   Cited 175 times   6 Legal Analyses
    Holding that, although the plaintiff was entitled to a presumption of consumer deception, remand was required for further proceedings on causation
  9. Coca-Cola Co. v. Tropicana Products, Inc.

    690 F.2d 312 (2d Cir. 1982)   Cited 281 times   3 Legal Analyses
    Holding that statistical tests provided "sufficient evidence of a risk of irreparable harm because they demonstrate that a significant number of consumers would be likely to be misled"
  10. Merck Co., Inc. v. Mediplan Health Consulting, Inc.

    425 F. Supp. 2d 402 (S.D.N.Y. 2006)   Cited 122 times   2 Legal Analyses
    Holding that the internal use of a keyword to trigger advertisements did not qualify as trademark use
  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 366,511 times   968 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 166,425 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 5,052 times   113 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
  14. Section 6972 - Citizen suits

    42 U.S.C. § 6972   Cited 1,227 times   28 Legal Analyses
    Abrogating the 60-day delay requirement when there is a danger that hazardous waste will be discharged
  15. Section 350 - False advertising unlawful

    N.Y. Gen. Bus. Law § 350   Cited 1,069 times   27 Legal Analyses
    Prohibiting false advertising
  16. Section 350-A - False advertising

    N.Y. Gen. Bus. Law § 350-A   Cited 60 times

    1. The term "false advertising" means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. In determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material