54 Cited authorities

  1. Erie R. Co. v. Tompkins

    304 U.S. 64 (1938)   Cited 20,459 times   18 Legal Analyses
    Holding that state law governs substantive issues and federal law governs procedural issues
  2. Mangiafico v. Blumenthal

    471 F.3d 391 (2d Cir. 2006)   Cited 965 times
    Holding that a motion to dismiss is not converted where the court refers to extraneous material for background purposes but does not rely on it as a basis for dismissal
  3. Howell v. New York Post Co.

    81 N.Y.2d 115 (N.Y. 1993)   Cited 1,441 times
    Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."
  4. McCready v. eBay, Inc.

    453 F.3d 882 (7th Cir. 2006)   Cited 580 times
    Holding that without any indication that eBay acted in any fashion other than good faith, its compliance fell squarely within the statutory good-faith defense
  5. Chill v. General Electric Company

    101 F.3d 263 (2d Cir. 1996)   Cited 651 times   2 Legal Analyses
    Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"
  6. Harris v. Provident Life and Acc. Ins. Co.

    310 F.3d 73 (2d Cir. 2002)   Cited 513 times
    Holding that a genuine issue of fact as to whether plaintiff was disabled and unable to work as a result of her disability and thus, entitled to benefits under an insurance policy with defendant precluded summary judgment on plaintiff's breach of contract claim
  7. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 661 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint
  8. Fraser v. Nationwide Mut. Ins. Co.

    352 F.3d 107 (3d Cir. 2004)   Cited 364 times   2 Legal Analyses
    Holding that e-mails stored on a server were no longer in temporary, intermediate storage after they had been read by the recipient
  9. Maurizio v. Goldsmith

    230 F.3d 518 (2d Cir. 2000)   Cited 320 times
    Holding that plaintiff cannot recover under GBL § 349 absent allegations that "the plaintiff has been injured"
  10. Konop v. Hawaiian Airlines, Inc.

    302 F.3d 868 (9th Cir. 2001)   Cited 214 times   5 Legal Analyses
    Holding that Congress added protection of "electronic communications" to the Wiretap Act in order "to afford [them] privacy protection"
  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,029 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  12. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,844 times   106 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
  13. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,265 times   79 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
  14. Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

    18 U.S.C. § 2511   Cited 2,791 times   42 Legal Analyses
    Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”
  15. Section 2701 - Unlawful access to stored communications

    18 U.S.C. § 2701   Cited 1,330 times   135 Legal Analyses
    Holding liable any person who "intentionally accesses without authorization a facility through which an electronic communication service is provided ... and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage"
  16. Section 2703 - Required disclosure of customer communications or records

    18 U.S.C. § 2703   Cited 1,214 times   100 Legal Analyses
    Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"
  17. Section 51 - Action for injunction and for damages

    N.Y. Civ. Rights Law § 51   Cited 557 times   12 Legal Analyses
    Affording cause of action for commercial use of name or picture without prior written consent
  18. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 526 times   8 Legal Analyses

    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait , picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor. N.Y. Civ. Rights Law § 50 Amended by New York Laws 2024, ch. 58,Sec. MM-A-1, eff. 4/20/2024.

  19. Section 2707 - Civil action

    18 U.S.C. § 2707   Cited 458 times   19 Legal Analyses
    Granting relief to those "aggrieved by any violation of this chapter in which the conduct constituting the violation is engaged in with a knowing or intentional state of mind"
  20. Section 2702 - Voluntary disclosure of customer communications or records

    18 U.S.C. § 2702   Cited 346 times   24 Legal Analyses
    Restricting use of Internet subscriber information without consent