47 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 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 280,791 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
Davis v. Monroe County Bd. of Educ.
526 U.S. 629 (1999) Cited 2,054 times 32 Legal Analyses
Holding that Title IX recipients are deliberately indifferent only where the response (or lack of response) to student-on-student harassment "is clearly unreasonable in light of the known circumstances"
Gebser v. Lago Vista Independent School District
524 U.S. 274 (1998) Cited 1,689 times 18 Legal Analyses
Holding that a school's failure to follow a Title IX regulation "d[id] not itself constitute 'discrimination’ under Title IX"
Personnel Administrator of Mass. v. Feeney
442 U.S. 256 (1979) Cited 2,135 times 1 Legal Analyses
Holding that the Equal Protection Clause is implicated only when "a state legislatur[e] selected or reaffirmed a particular course of action at least in part `because of,' not merely `in spite of,' its adverse effects upon an identifiable group"
Clark-Fitzpatrick, Inc. v. Long Island Rail Road
70 N.Y.2d 382 (N.Y. 1987) Cited 3,012 times 1 Legal Analyses
Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."
N Y Univ v. Continental Ins Co.
87 N.Y.2d 308 (N.Y. 1995) Cited 1,944 times 5 Legal Analyses
Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud
Howell v. New York Post Co.
81 N.Y.2d 115 (N.Y. 1993) Cited 1,480 times
Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."
Dalton v. Educ. Testing Serv
87 N.Y.2d 384 (N.Y. 1995) Cited 918 times 4 Legal Analyses
Holding that defendant testing service breached the implied covenant by ignoring evidence it invited the plaintiff to submit
Deluca v. Accessit Group, Inc.
695 F. Supp. 2d 54 (S.D.N.Y. 2010) Cited 518 times
Holding for a document to be incorporated by reference, “the complaint must make ‘a clear, definite and substantial reference to the documents'”
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 Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 5,000 times 112 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"
Section 1681 - Sex
20 U.S.C. § 1681 Cited 4,562 times 81 Legal Analyses
Referencing application of Title IX prohibitions to school admissions
Section 1682 - Federal administrative enforcement; report to Congressional committees
20 U.S.C. § 1682 Cited 244 times 1 Legal Analyses
Providing that a federal agency may terminate funding only after it "has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means"

Doe v. Columbia University and Trustees of Columbia University

47 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 Title IX recipients are deliberately indifferent only where the response (or lack of response) to student-on-student harassment "is clearly unreasonable in light of the known circumstances"

Holding that a school's failure to follow a Title IX regulation "d[id] not itself constitute 'discrimination’ under Title IX"

Holding that the Equal Protection Clause is implicated only when "a state legislatur[e] selected or reaffirmed a particular course of action at least in part `because of,' not merely `in spite of,' its adverse effects upon an identifiable group"

Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud

Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."

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

Holding for a document to be incorporated by reference, “the complaint must make ‘a clear, definite and substantial reference to the documents'”

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

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"

Referencing application of Title IX prohibitions to school admissions

Providing that a federal agency may terminate funding only after it "has advised the appropriate person or persons of the failure to comply with the requirement and has determined that compliance cannot be secured by voluntary means"