§Why CasetextPricing

Feist v. RCN Corporation et al

MEMORANDUM OF LAW in Support re: 47 MOTION to Dismiss

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,895 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,800 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' "

  3. 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”

  4. 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

  5. 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

  6. 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"

  7. Dillon v. City of New York

    261 A.D.2d 34 (N.Y. App. Div. 1999)   Cited 855 times   2 Legal Analyses
    Holding that "[d]efamation has long been recognized to arise from the making of a false statement which tends to expose the plaintiff to public contempt, ridicule, aversion or disgrace, or induce an evil opinion of him in the minds of right-thinking persons, and to deprive him of their friendly intercourse in society."

  8. 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

  9. Kirch v. Liberty Media Corp.

    449 F.3d 388 (2d Cir. 2006)   Cited 501 times
    Holding that plaintiffs failed to allege actual breach where plaintiff nowhere asserted that third party actually breached a contract, and refusing to infer from plaintiff's claims that third party “abandoned” and “walked away” from a deal that third party “violated the terms of a contract with [plaintiff] when it did so”

  10. Foster v. Churchill

    87 N.Y.2d 744 (N.Y. 1996)   Cited 628 times
    Holding that acts in furtherance of an economic interest defeat claims for tortious interference with a contract

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,298 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."