85 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 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
  3. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 44,766 times   134 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence
  4. New York State Blue Cross Plans v. Travelers Ins

    514 U.S. 645 (1995)   Cited 1,578 times   23 Legal Analyses
    Holding that a statute imposing a surcharge on "[p]atients served by commercial insurers providing in-patient hospital coverage on an expense-incurred basis, by self-insured funds directly reimbursing hospitals, and by certain workers' compensation, volunteer firefighters' benefit, ambulance workers' benefit, and no-fault motor vehicle insurance funds" . . . "cannot be said to make 'reference to' ERISA plans in any manner" because the surcharge applied "regardless of whether the commercial coverage or membership, respectively, [wa]s ultimately secured by an ERISA plan, private purchase, or otherwise"
  5. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,444 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"
  6. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,982 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"
  7. Michigan v. Defillippo

    443 U.S. 31 (1979)   Cited 2,153 times   6 Legal Analyses
    Holding that probable cause existed for an arrest even though the ordinance at issue was later found unconstitutional
  8. EBC I, Inc. v. Goldman, Sachs & Co.

    5 N.Y.3d 11 (N.Y. 2005)   Cited 2,121 times   1 Legal Analyses
    Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales
  9. Savino v. City of New York

    331 F.3d 63 (2d Cir. 2003)   Cited 1,210 times   1 Legal Analyses
    Holding that, on summary judgment, the burden rests on the plaintiff trying to overcome the presumption of probable cause, and a plaintiff cannot do so by offering mere conjecture and surmise
  10. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 894 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"
  11. 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 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 440.10 - Motion to vacate judgment

    N.Y. Crim. Proc. Law § 440.10   Cited 9,291 times   6 Legal Analyses
    Granting the state trial court discretion to consider collateral post-conviction claims with respect to deprivation of counsel
  13. Section 190.50 - Grand jury; who may call witnesses; defendant as witness

    N.Y. Crim. Proc. Law § 190.50   Cited 1,171 times   1 Legal Analyses
    Describing the specific conditions under which the district attorney is obligated to notify the subject of a grand jury proceeding of the pending proceeding
  14. Section 8106 - Actions subject to 3-year limitation

    Del. Code tit. 10 § 8106   Cited 862 times   13 Legal Analyses
    Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"
  15. Section 20.20 - Criminal liability of corporations

    N.Y. Penal Law § 20.20   Cited 32 times   1 Legal Analyses

    1. As used in this section: (a) "Agent" means any director, officer or employee of a corporation, or any other person who is authorized to act in behalf of the corporation. (b) "High managerial agent" means an officer of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees. 2. A corporation is guilty of an offense when: (a) The conduct constituting the offense