77 Cited authorities

  1. Snyder v. Phelps

    562 U.S. 443 (2011)   Cited 809 times   10 Legal Analyses
    Holding that the Westboro Baptist Church's protest of military funerals with signs that display "Thank God for IEDs" and "Thank God for Dead Soldiers" is protected speech
  2. Fontanetta v. John Doe

    73 A.D.3d 78 (N.Y. App. Div. 2010)   Cited 967 times   1 Legal Analyses
    Holding that corporate documents and redacted reports are not documentary evidence for purposes of CPRL 3211
  3. IDT Corp. v. Morgan Stanley Dean Witter & Co.

    2009 N.Y. Slip Op. 2262 (N.Y. 2009)   Cited 843 times
    Holding that unjust enrichment "is an obligation imposed by equity to prevent injustice, in the absence of an actual agreement between the parties concerned. Where the parties executed a valid and enforceable written contract governing a particular subject matter, recovery on a theory of unjust enrichment for events arising out of that subject matter is ordinarily precluded."
  4. Howell v. New York Post Co.

    81 N.Y.2d 115 (N.Y. 1993)   Cited 1,426 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."
  5. Bartnicki v. Vopper

    532 U.S. 514 (2001)   Cited 284 times   6 Legal Analyses
    Holding unconstitutional the prohibition on disclosure of illegally intercepted conversation even though the initial step in the disclosure process, the interception, was illegal and harmful to those whose privacy was invaded
  6. Murphy v. American Home Prod

    58 N.Y.2d 293 (N.Y. 1983)   Cited 1,846 times   1 Legal Analyses
    Holding that the limitation period for commencing a judicial action for unlawful discrimination in employment is the three-year period of N YCiv.Prac.L. R. § 214
  7. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 694 times   7 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
  8. Kronos, Inc. v. AVX Corp.

    81 N.Y.2d 90 (N.Y. 1993)   Cited 722 times
    Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984
  9. Freihofer v. Hearst Corp.

    65 N.Y.2d 135 (N.Y. 1985)   Cited 608 times
    Holding that violation of confidentiality provisions of New York's Domestic Relations Law by publication of information contained in court papers in a divorce action was not capable of sustaining an intentional infliction of emotional distress claim
  10. Stuto v. Fleishman

    164 F.3d 820 (2d Cir. 1999)   Cited 357 times
    Holding courts should first determine whether a constitutional violation occurred before deciding whether qualified immunity exists
  11. Section Amendment I - Religion and Expression

    U.S. Const. amend. I   Cited 7,065 times   3 Legal Analyses
    Recognizing the "right to petition the Government for redress of grievances"
  12. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 552 times   12 Legal Analyses
    Affording cause of action for commercial use of name or picture without prior written consent
  13. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 519 times   8 Legal Analyses

    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait or picture of any living person without having first obtained the written consent of such person, or if a minor of his or her parent or guardian, is guilty of a misdemeanor. N.Y. Civ. RightsLaw § 50

  14. Section 6530 - Definitions of professional misconduct

    N.Y. Educ. Law § 6530   Cited 113 times
    Defining professional misconduct as, among other things, "[d]irectly or indirectly offering, giving, soliciting, or receiving or agreeing to receive, any fee or other consideration to or from a third party for the referral of a patient or in connection with the performance of professional services"
  15. Section 3371 - Confidentiality of certain records, reports, and information

    N.Y. Pub. Health Law § 3371   Cited 4 times

    1. No person, who has knowledge by virtue of his or her office of the identity of a particular patient or research subject, a manufacturing process, a trade secret or a formula shall disclose such knowledge, or any report or record thereof, except: (a) to another person employed by the department, for purposes of executing provisions of this article; (b) pursuant to judicial subpoena or court order in a criminal investigation or proceeding; (c) to an agency, department of government, or official

  16. Section 482.13 - Condition of participation: Patient's rights

    42 C.F.R. § 482.13   Cited 43 times   15 Legal Analyses
    Stating that condition of participation includes patient's right "to participate in the development and implementation of his or her plan of care" and "right to make informed decisions regarding his or her care"