86 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,459 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
New York Times Co. v. Sullivan
376 U.S. 254 (1964) Cited 6,909 times 36 Legal Analyses
Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice
Gertz v. Robert Welch, Inc.
418 U.S. 323 (1974) Cited 3,874 times 17 Legal Analyses
Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice
Masson v. New Yorker Magazine, Inc.
501 U.S. 496 (1991) Cited 1,408 times 3 Legal Analyses
Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"
Philadelphia Newspapers, Inc. v. Hepps
475 U.S. 767 (1986) Cited 689 times 1 Legal Analyses
Holding that where plaintiff is a private figure and newspaper articles are a matter of public concern, there is a "constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages"
Watterson v. Page
987 F.2d 1 (1st Cir. 1993) Cited 1,385 times
Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony
Trans-Spec Truck v. Caterpillar
524 F.3d 315 (1st Cir. 2008) Cited 635 times
Holding that filing of motion to amend eleven months after deadline established by scheduling order was unjustifiable, absent issues of estoppel
Alt. Energy v. St. Paul Fire Marine
267 F.3d 30 (1st Cir. 2001) Cited 754 times
Holding that a contract is ambiguous only when it is "reasonably susceptible of different interpretations"
Beddall v. State Street Bank and Trust Company
137 F.3d 12 (1st Cir. 1998) Cited 697 times
Holding that the district court properly considered an agreement on a Rule 12(b) motion where the agreement was not attached to the complaint nor incorporated therein, but the complaint discussed it, the defendant appended it to its 12(b) motion, and the plaintiff did not challenge its authenticity
Noonan v. Staples, Inc.
556 F.3d 20 (1st Cir. 2009) Cited 390 times
Holding that in Massachusetts, “even a true statement can form the basis of a libel action if the plaintiff proves that the defendant acted with ‘actual malice’ ”
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 345,620 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,253 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 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver
Cal. Code Civ. Proc. § 340 Cited 1,565 times 4 Legal Analyses
Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003
Section 260:4 - Certain tort or contract actions for malpractice, error or mistake
Mass. Gen. Laws ch. 260 § 4 Cited 162 times
Excepting foreign-object claims from a seven-year statute of repose

Green v. Cosby

86 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 public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice

Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

Holding that where plaintiff is a private figure and newspaper articles are a matter of public concern, there is a "constitutional requirement that the plaintiff bear the burden of showing falsity, as well as fault, before recovering damages"

Holding that an allegation that a psychologist and a state social worker conspired to present false testimony and withhold material evidence from the court failed because all witnesses at judicial proceedings have an absolute immunity from damages liability based on their testimony

Holding that filing of motion to amend eleven months after deadline established by scheduling order was unjustifiable, absent issues of estoppel

Holding that a contract is ambiguous only when it is "reasonably susceptible of different interpretations"

Holding that the district court properly considered an agreement on a Rule 12(b) motion where the agreement was not attached to the complaint nor incorporated therein, but the complaint discussed it, the defendant appended it to its 12(b) motion, and the plaintiff did not challenge its authenticity

Holding that in Massachusetts, “even a true statement can form the basis of a libel action if the plaintiff proves that the defendant acted with ‘actual malice’ ”

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

Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

Excepting foreign-object claims from a seven-year statute of repose