66 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 times 279 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 266,697 times 365 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 3,874 times 6 Legal Analyses
Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
DiFolco v. MSNBC Cable L.L.C.
622 F.3d 104 (2d Cir. 2010) Cited 2,380 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 1,624 times 20 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 1,886 times 24 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 2,155 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 861 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 753 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 699 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 156,250 times 193 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 28,286 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 4,843 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 1,324 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 389 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 deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

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"