35 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Kassner v. 2nd Avenue Delicatessen Inc.
496 F.3d 229 (2d Cir. 2007) Cited 1,633 times 3 Legal Analyses
Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"
Bayerische Landesbank v. Aladdin Capital Mgmt. LLC
692 F.3d 42 (2d Cir. 2012) Cited 689 times
Holding that where a New York branch of a foreign bank "is not separately incorporated, [it] has no legal identity separate from [the parent Bank]"
Starr v. Sony BMG Music Entm't
592 F.3d 314 (2d Cir. 2010) Cited 559 times 4 Legal Analyses
Holding that a plaintiff need only "alleged specific facts sufficient to plausibly suggest that the parallel conduct alleged was the result of an agreement among the defendants"
Dalton v. Educ. Testing Serv
87 N.Y.2d 384 (N.Y. 1995) Cited 880 times 4 Legal Analyses
Holding that defendant testing service breached the implied covenant by ignoring evidence it invited the plaintiff to submit
Diesel Props S.r.l. v. Greystone Business Credit II LLC
631 F.3d 42 (2d Cir. 2011) Cited 382 times
Holding that in order for a party to be bound or liable under a contract there must be a contract between the parties
Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.
837 F. Supp. 2d 162 (S.D.N.Y. 2011) Cited 263 times
Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"
Cruden v. Bank of New York
957 F.2d 961 (2d Cir. 1992) Cited 474 times 1 Legal Analyses
Holding that a RICO injury does not occur until a debtor defaults on promised principal and equity payments
Quadrant Structured Prods. Co. v. Vertin
2014 N.Y. Slip Op. 4114 (N.Y. 2014) Cited 156 times 7 Legal Analyses
Holding that textual omissions in a "no-action clause" placed limits on the situations in which certain parties could and could not bring suit to enforce a contract
Unitrin, Inc. v. American General Corp.
651 A.2d 1361 (Del. 1995) Cited 257 times 2 Legal Analyses
Holding that burden rests on board of directors which has taken draconian, e.g., coercive, measures in response to hostile tender offer
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,692 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,127 times 133 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 77ppp - Directions and waivers by bondholders; prohibition of impairment of holder's right to payment; record date
15 U.S.C. § 77ppp Cited 55 times 8 Legal Analyses
Prohibiting modification of right to receive payment without noteholder's consent "except ... as provided in paragraph of subsection of this section."
Section 210.1-02 - [Effective until 7/1/2024] Definitions of terms used in Regulation S-X (17 CFR part 210)
17 C.F.R. § 210.1-02 Cited 16 times 5 Legal Analyses
Unless the context otherwise requires, terms defined in the general rules and regulations or in the instructions to the applicable form, when used in Regulation S-X (this part 210), shall have the respective meanings given in such instructions or rules. In addition, the following terms shall have the meanings indicated in this section unless the context otherwise requires. (a) (1)Accountant's report. The term accountant's report, when used in regard to financial statements, means a document in which

Danner v. Caesars Entertainment Corporation et al

35 Cited authorities

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"

Holding that where a New York branch of a foreign bank "is not separately incorporated, [it] has no legal identity separate from [the parent Bank]"

Holding that a plaintiff need only "alleged specific facts sufficient to plausibly suggest that the parallel conduct alleged was the result of an agreement among the defendants"

Holding that defendant testing service breached the implied covenant by ignoring evidence it invited the plaintiff to submit

Holding that in order for a party to be bound or liable under a contract there must be a contract between the parties

Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"

Holding that a RICO injury does not occur until a debtor defaults on promised principal and equity payments

Holding that textual omissions in a "no-action clause" placed limits on the situations in which certain parties could and could not bring suit to enforce a contract

Holding that burden rests on board of directors which has taken draconian, e.g., coercive, measures in response to hostile tender offer

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

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

Prohibiting modification of right to receive payment without noteholder's consent "except ... as provided in paragraph of subsection of this section."