49 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 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
  2. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,837 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
  3. Best Van Lines v. Walker

    490 F.3d 239 (2d Cir. 2007)   Cited 767 times
    Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction
  4. Dillon v. City of New York

    261 A.D.2d 34 (N.Y. App. Div. 1999)   Cited 875 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."
  5. Brian v. Richardson

    87 N.Y.2d 46 (N.Y. 1995)   Cited 395 times
    Holding that an article advocating for a government investigation into purported misuse of software would be understood, in context, "as mere allegations to be investigated rather than as facts"
  6. Steinhilber v. Alphonse

    68 N.Y.2d 283 (N.Y. 1986)   Cited 511 times   3 Legal Analyses
    Recognizing a distinction between pure opinion, which “does not imply that it is based upon undisclosed facts,” and mixed opinion, which “implies that it is based upon facts which justify the opinion but are unknown to those reading or hearing it”
  7. Mann v. Abel

    2008 N.Y. Slip Op. 2675 (N.Y. 2008)   Cited 241 times   2 Legal Analyses
    In Mann v. Abel, 10 N.Y.3d 271, 856 N.Y.S.2d 31, 885 N.E.2d 884 (2008), the New York Court of Appeals examined a "piece, preceded by an editorial note indicating that it was an expression of opinion, [that] referred to Mann[, the town attorney,] as a ‘political hatchet Mann’ and said that he was ‘leading the Town of Rye to destruction.’ "
  8. Rinaldi v. Holt, Rinehart

    42 N.Y.2d 369 (N.Y. 1977)   Cited 600 times   1 Legal Analyses
    Stating that "[o]pinions, false or not, libelous or not, are constitutionally protected and may not be the subject of private damage actions"
  9. Lee v. Bankers Trust Co.

    166 F.3d 540 (2d Cir. 1999)   Cited 302 times
    Holding that, pursuant to the Act, a bank was immune from defamation claim brought by its former managing director on the ground that the bank allegedly reported that he had transferred unclaimed accounts to the bank instead of allowing it to escheat to the state
  10. O'Brien v. Alexander

    101 F.3d 1479 (2d Cir. 1996)   Cited 225 times
    Holding that “[s]ince no lawsuit was pending when the alleged representations in question were made ... plaintiff's claim must be dismissed, for section 487 by its terms applies only to statements made to the court or any party to a lawsuit”
  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 357,835 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. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,380 times   128 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,059 times   191 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
  15. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,849 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  16. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,154 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  17. Section 3012 - Service of pleadings and demand for complaint

    N.Y. C.P.L.R. § 3012   Cited 2,327 times
    Describing timing requirements for service of a complaint following a summons with notice
  18. Section 720 - Action against directors and officers for misconduct

    N.Y. Bus. Corp. Law § 720   Cited 281 times   1 Legal Analyses

    (a) An action may be brought against one or more directors or officers of a corporation to procure a judgment for the following relief: (1) Subject to any provision of the certificate of incorporation authorized pursuant to paragraph (b) of section 402, to compel the defendant to account for his official conduct in the following cases: (A) The neglect of, or failure to perform, or other violation of his duties in the management and disposition of corporate assets committed to his charge. (B) The