Sellers v. M.C. Floor Crafters, Inc.
842 F.2d 639 (2d Cir. 1988) Cited 1,009 timesHolding that judgment on the pleadings "is appropriate . . . where a judgment on the merits is possible merely by considering the contents of the pleadings"
E*Trade Financial Corp. v. Deutsche Bank AG
420 F. Supp. 2d 273 (S.D.N.Y. 2006) Cited 33 timesFinding special relationship where plaintiff claimed defendant "held unique knowledge" of a deferred tax asset, was aware of how plaintiff would make use of that information, and supplied the information for that purpose
U.S. v. Richard Dattner Architects
972 F. Supp. 738 (S.D.N.Y. 1997) Cited 28 timesHolding that 8 U.S.C. § 1324c, which makes it unlawful for a person knowingly to falsify documents to satisfy the requirements of or to obtain a benefit under the Immigration and Nationality Act, does not create a private right of action
LA MIRADA PRODUCTS CO., INC. v. WASSALL PLC
823 F. Supp. 138 (S.D.N.Y. 1993) Cited 22 timesHolding that where the assessment of monetary damages is impracticable, specific performance may be ordered
David Tunick, Inc. v. Kornfeld
813 F. Supp. 988 (S.D.N.Y. 1993) Cited 19 timesConsidering both business and non-business activities of art dealer
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 AnalysesGranting 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 AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."