20 Cited authorities

  1. 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
  2. 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
  3. 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
  4. Yusuf v. Vassar College

    35 F.3d 709 (2d Cir. 1994)   Cited 684 times   1 Legal Analyses
    Holding that a plaintiff can allege multiple theories for his or her claim, but under any theory "wholly conclusory allegations [will not] suffice for purposes of Rule 12(b)"
  5. Samiento v. World Yacht Inc.

    2008 N.Y. Slip Op. 1258 (N.Y. 2008)   Cited 289 times   12 Legal Analyses
    Affirming dismissal of the plaintiffs’ unjust enrichment claim because such an action does not lie where the plaintiffs have an adequate remedy at law
  6. Chamberlain v. City of White Plains

    986 F. Supp. 2d 363 (S.D.N.Y. 2013)   Cited 220 times
    Holding the mere mention of distributees in a complaint was insufficient to allege pecuniary loss
  7. In re Vebeliunas

    332 F.3d 85 (2d Cir. 2003)   Cited 215 times
    Finding defendant's silence could not give rise to equitable estoppel because defendant had no duty to speak
  8. Doe v. University of South

    687 F. Supp. 2d 744 (E.D. Tenn. 2009)   Cited 76 times
    Holding that the plaintiffs had failed to raise a viable promissory estoppel claim where they did not plead "facts to support a finding that the [defendant's] conduct is the equivalent to fraud"
  9. Gally v. Columbia University

    22 F. Supp. 2d 199 (S.D.N.Y. 1998)   Cited 105 times
    Holding "the mere allegation of mistreatment without the identification of a specific breached promise or obligation does not state a claim on which relief can be granted" and noting "general promises about ethical standards" are unenforceable
  10. Spiteri v. Russo

    12-CV-2780 (MKB) (RLM) (E.D.N.Y. Sep. 7, 2013)   Cited 48 times
    Holding Rooker-Feldman inapplicable to a claim challenging the plaintiff's designation as a sex offender because "[t]he issue before [the presiding judge] was Plaintiff's risk level classification, not whether he was required to register as a sex offender"
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Section 1681 - Sex

    20 U.S.C. § 1681   Cited 4,562 times   81 Legal Analyses
    Referencing application of Title IX prohibitions to school admissions