24 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 269,029 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 281,939 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
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,623 times 105 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,441 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Butner v. United States
440 U.S. 48 (1979) Cited 4,431 times 18 Legal Analyses
Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law
Nielsen v. Rabin
746 F.3d 58 (2d Cir. 2014) Cited 1,235 times 1 Legal Analyses
Holding that the plaintiff cannot survive a motion to dismiss by relying on conclusory allegations
Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC
797 F.3d 160 (2d Cir. 2015) Cited 1,053 times 4 Legal Analyses
Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,246 times 4 Legal Analyses
Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.
375 F.3d 168 (2d Cir. 2004) Cited 1,267 times 3 Legal Analyses
Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"
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"
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 363,942 times 963 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 165,126 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 95,503 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 40,302 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity

Dernier et al v. U.S. Bank National Association et al

24 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 that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that, except where it specifically overrides state law, the Bankruptcy Code enforces applicable property rights created by state law

Holding that the plaintiff cannot survive a motion to dismiss by relying on conclusory allegations

Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”

Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"

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

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