37 Cited authorities

Conley v. Gibson
355 U.S. 41 (1957) Cited 59,009 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,692 times 1 Legal Analyses
Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
In re Glenfed, Inc. Securities Litigation
42 F.3d 1541 (9th Cir. 1994) Cited 1,722 times 3 Legal Analyses
Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
Cooper v. Pickett
122 F.3d 1186 (9th Cir. 1997) Cited 1,256 times
Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"
Small v. Lorillard Tobacco Co.
94 N.Y.2d 43 (N.Y. 1999) Cited 704 times 7 Legal Analyses
Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
First Bank v. Motor Car
257 A.D.2d 287 (N.Y. App. Div. 1999) Cited 395 times
Holding that fraudulent inducement claim may be based on allegations that a defendant made "a misrepresentation of present facts is collateral to the contract (though it may have induced the plaintiff to sign the contract) and therefore involves a separate breach of a duty"
McDermott v. City of N.Y
50 N.Y.2d 211 (N.Y. 1980) Cited 478 times 1 Legal Analyses
Holding that accrual occurs upon payment by the party seeking indemnity since the indemnity claim is a separate substantive cause of action
McCalden v. California Library Ass'n
955 F.2d 1214 (9th Cir. 1990) Cited 340 times
Holding that a plaintiff “is not required to state the statutory or constitutional basis for his claim, only the facts underlying it”
Channel Master Corp. v. Aluminium Limited Sales, Inc.
4 N.Y.2d 403 (N.Y. 1958) Cited 728 times
Holding plaintiff seeking rescission of contract on ground of fraudulent inducement must establish "defendant knowingly uttered a falsehood intending to deprive the plaintiff of a benefit and that the plaintiff was thereby deceived and damaged"
Swedish Civil Aviation Admin. v. Project Mgmt. Ent.
190 F. Supp. 2d 785 (D. Md. 2002) Cited 187 times
Holding that "[u]ntil an express contract is proven, a motion to dismiss a claim for promissory estoppel or unjust enrichment on these grounds is premature" and permitting the plaintiff to plead "both contract and quasi-contract claims in the alternative"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,731 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,632 times 329 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 2-312 - Warranty of Title and Against Infringement; Buyer's Obligation Against Infringement
N.Y. U.C.C. Law § 2-312 Cited 32 times
(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that (a) the title conveyed shall be good, and its transfer rightful; and (b) the goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge. (2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim

Harry and David et al v. International Business Machines Corporation

37 Cited authorities

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

Holding that fraudulent inducement claim may be based on allegations that a defendant made "a misrepresentation of present facts is collateral to the contract (though it may have induced the plaintiff to sign the contract) and therefore involves a separate breach of a duty"

Holding that accrual occurs upon payment by the party seeking indemnity since the indemnity claim is a separate substantive cause of action

Holding that a plaintiff “is not required to state the statutory or constitutional basis for his claim, only the facts underlying it”

Holding plaintiff seeking rescission of contract on ground of fraudulent inducement must establish "defendant knowingly uttered a falsehood intending to deprive the plaintiff of a benefit and that the plaintiff was thereby deceived and damaged"

Holding that "[u]ntil an express contract is proven, a motion to dismiss a claim for promissory estoppel or unjust enrichment on these grounds is premature" and permitting the plaintiff to plead "both contract and quasi-contract claims in the alternative"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity