19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,709 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,625 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
532 Madison Ave. Gourmet Foods v. Finlandia Ctr.
96 N.Y.2d 280 (N.Y. 2001) Cited 340 times 1 Legal Analyses
Noting with approval the Appellate Division's decision in Dunlop Tire & Rubber Corp. v. FMC Corp. , 53 A.D.2d 150, 151-52, 385 N.Y.S.2d 971, 972 (4th Dep't 1976), which allowed the plaintiff to recover not only for physical damage to its property caused by a nearby explosion, but also for the economic loss from being forced temporarily to close because the explosion caused the loss of electrical power
Rosenblatt v. Exxon
335 Md. 58 (Md. 1994) Cited 188 times 1 Legal Analyses
Holding that " 161 does not support [the plaintiff's] position" that the defendant "committed a trespass when it allegedly caused the property to be contaminated during its occupancy and the contamination continued into [the plaintiff's] occupancy of the land"
Markut v. Verizon N.Y. Inc. (In re World Trade Ctr. Lower Manhattan Disaster Site Litig.)
758 F.3d 202 (2d Cir. 2014) Cited 60 times 2 Legal Analyses
Holding a "plaintiff may not create material issues of fact by submitting affidavits that dispute [his] own prior testimony" regarding issues which have been thoroughly or clearly explored
Smith v. Kansas Gas Service C.O
285 Kan. 33 (Kan. 2007) Cited 73 times
Explaining that "[w]hether a duty exists is a question of law"
Caronia v. Philip Morris USA, Inc.
2013 N.Y. Slip Op. 8372 (N.Y. 2013) Cited 48 times 4 Legal Analyses
Finding plaintiffs failed to allege present damages due to future risk of cancer caused by smoking
In re Paoli Railroad Yard PCB Litigation
113 F.3d 444 (3d Cir. 1997) Cited 68 times 1 Legal Analyses
Finding that upon bifurcation a court must "divide issues between separate trials in such a way that the same issue is not reexamined by different juries."
Berry v. Armstrong Rubber Co.
989 F.2d 822 (5th Cir. 1993) Cited 69 times
Affirming district court's grant of summary judgment after holding that district court did not err by excluding opinions of plaintiffs' experts under Rule 703
55 Motor Ave. v. Liberty Indus. Finishing.
885 F. Supp. 410 (E.D.N.Y. 1994) Cited 40 times
Finding that courts "have consistently rejected the efforts of property owners who discover contamination on their properties to maintain private nuisance claims against the former owners or lessees"
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 345,885 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
Section 801 - Congressional findings and declaration of purpose
30 U.S.C. § 801 Cited 428 times 3 Legal Analyses
Identifying “an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation's coal or other mines in order to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines”

Hoosick Falls Associates v. Saint-Gobain Performance Plastics Corporation et al

19 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 complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that " 161 does not support [the plaintiff's] position" that the defendant "committed a trespass when it allegedly caused the property to be contaminated during its occupancy and the contamination continued into [the plaintiff's] occupancy of the land"

Holding a "plaintiff may not create material issues of fact by submitting affidavits that dispute [his] own prior testimony" regarding issues which have been thoroughly or clearly explored

Explaining that "[w]hether a duty exists is a question of law"

Finding plaintiffs failed to allege present damages due to future risk of cancer caused by smoking

Finding that upon bifurcation a court must "divide issues between separate trials in such a way that the same issue is not reexamined by different juries."

Affirming district court's grant of summary judgment after holding that district court did not err by excluding opinions of plaintiffs' experts under Rule 703

Finding that courts "have consistently rejected the efforts of property owners who discover contamination on their properties to maintain private nuisance claims against the former owners or lessees"

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

Identifying “an urgent need to provide more effective means and measures for improving the working conditions and practices in the Nation's coal or other mines in order to prevent death and serious physical harm, and in order to prevent occupational diseases originating in such mines”