27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,882 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 277,112 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
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,454 times 5 Legal Analyses
Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
Staehr v. Hartford Financial Serv
547 F.3d 406 (2d Cir. 2008) Cited 897 times 1 Legal Analyses
Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"
Design Strategy v. Davis
469 F.3d 284 (2d Cir. 2006) Cited 627 times 1 Legal Analyses
Holding that a bad faith requirement "should not be read into the Rule."
Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.
837 F. Supp. 2d 162 (S.D.N.Y. 2011) Cited 280 times
Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"
Stuart v. American Cyanamid Company
158 F.3d 622 (2d Cir. 1998) Cited 265 times
Discussing a Nebraska statute of repose forbidding product liability suits brought more than ten years after the product that allegedly caused injury was delivered to the end consumer
Torres v. E.I. DuPont de Nemours & Co.
219 F.3d 13 (1st Cir. 2000) Cited 207 times
Holding plaintiffs had necessary information about whom to sue or that with required diligence they should have known who to sue by the end of the limitations period
Cantor Fitzgerald Inc. v. Lutnick
313 F.3d 704 (2d Cir. 2002) Cited 135 times
Holding that a court may reject equitable tolling as a matter of law only where it is "evident from the face of the complaint" that the plaintiff will be unable to make the required factual showing
Arturet Velez v. R.J. Reynolds Tobacco Co.
429 F.3d 10 (1st Cir. 2005) Cited 109 times
Holding that, under Puerto Rico law, the running of the one-year statute of limitations for tort actions "does not require actual knowledge; it is enough that the would-be plaintiff had notice that would have led a reasonable person to investigate and so uncover the needed information"
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 358,269 times 949 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 202 - Cause of action accruing without the state
N.Y. CPLR 202 Cited 594 times
Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

Fernandez et al v. UBS AG et al

27 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

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

Holding that a bad faith requirement "should not be read into the Rule."

Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"

Discussing a Nebraska statute of repose forbidding product liability suits brought more than ten years after the product that allegedly caused injury was delivered to the end consumer

Holding plaintiffs had necessary information about whom to sue or that with required diligence they should have known who to sue by the end of the limitations period

Holding that a court may reject equitable tolling as a matter of law only where it is "evident from the face of the complaint" that the plaintiff will be unable to make the required factual showing

Holding that, under Puerto Rico law, the running of the one-year statute of limitations for tort actions "does not require actual knowledge; it is enough that the would-be plaintiff had notice that would have led a reasonable person to investigate and so uncover the needed information"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does