66 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,314 times 280 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 269,063 times 367 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,898 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
DiFolco v. MSNBC Cable L.L.C.
622 F.3d 104 (2d Cir. 2010) Cited 2,400 times
Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"
Mine Workers v. Pennington
381 U.S. 657 (1965) Cited 1,627 times 21 Legal Analyses
Holding that immunity extends to petitioning conduct “either standing alone or as part of a broader scheme”
Eastern R. Conf. v. Noerr Motors
365 U.S. 127 (1961) Cited 1,890 times 25 Legal Analyses
Holding that antitrust laws do not apply to businesses combining to lobby the government, even where such conduct has an anticompetitive purpose and an anticompetitive effect, because the alternative "would raise important constitutional questions" under the First Amendment
Lama Holding Co. v. Smith Barney Inc.
88 N.Y.2d 413 (N.Y. 1996) Cited 2,164 times 3 Legal Analyses
Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim
Staehr v. Hartford Financial Serv
547 F.3d 406 (2d Cir. 2008) Cited 865 times 1 Legal Analyses
Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"
Carvel Corp. v. Noonan
3 N.Y.3d 182 (N.Y. 2004) Cited 762 times 2 Legal Analyses
Holding that to support a claim for tortious interference, a plaintiff may show either that the defendant's conduct was for the sole purpose of inflicting intentional harm on the plaintiff or amounted to "a crime or an independent tort"
Aetna Cas. and Sur. v. Aniero Concrete
404 F.3d 566 (2d Cir. 2005) Cited 702 times
Holding that a duty to disclose can arise when a party has made a partial or ambiguous statement
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,673 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,558 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section R3016 - Particularity in specific actions
N.Y. C.P.L.R. § 3016 Cited 4,880 times 1 Legal Analyses
Providing that where a defense is based upon a fraud or misrepresentation "the circumstances constituting the wrong shall be stated in detail."
Section 2701 - Unlawful access to stored communications
18 U.S.C. § 2701 Cited 1,330 times 135 Legal Analyses
Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
Section 74 - Privileges in action for libel
N.Y. Civ. Rights Law § 74 Cited 390 times 4 Legal Analyses
A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published. This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding

Feist v. RCN Corporation et al

66 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding that immunity extends to petitioning conduct “either standing alone or as part of a broader scheme”

Holding that antitrust laws do not apply to businesses combining to lobby the government, even where such conduct has an anticompetitive purpose and an anticompetitive effect, because the alternative "would raise important constitutional questions" under the First Amendment

Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"

Holding that to support a claim for tortious interference, a plaintiff may show either that the defendant's conduct was for the sole purpose of inflicting intentional harm on the plaintiff or amounted to "a crime or an independent tort"

Holding that a duty to disclose can arise when a party has made a partial or ambiguous statement

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Providing that where a defense is based upon a fraud or misrepresentation "the circumstances constituting the wrong shall be stated in detail."

Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"