Erie R. Co. v. Tompkins

Holding that state law governs substantive issues and federal law governs procedural issues

Mangiafico v. Blumenthal

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

Howell v. New York Post Co.

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."

McCready v. eBay, Inc.

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

Chill v. General Electric Company

Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"

Harris v. Provident Life and Acc. Ins. Co.

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

First Nationwide Bank v. Gelt Funding Corp.

Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

Fraser v. Nationwide Mut. Ins. Co.

Holding that e-mails stored on a server were no longer in temporary, intermediate storage after they had been read by the recipient

Maurizio v. Goldsmith

Holding that plaintiff cannot recover under GBL § 349 absent allegations that "the plaintiff has been injured"

Konop v. Hawaiian Airlines, Inc.

Holding that Congress added protection of "electronic communications" to the Wiretap Act in order "to afford [them] privacy protection"

Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

Holding an "unrepresented party" to the same standard as an attorney

Section 349 - Deceptive acts and practices unlawful

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"

Section 2510 - Definitions

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"

Section 2511 - Interception and disclosure of wire, oral, or electronic communications prohibited

Imposing a penalty on persons who “intentionally intercept ... any wire, oral, or electronic communication”

Section 2701 - Unlawful access to stored communications

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"

Section 2703 - Required disclosure of customer communications or records

Recognizing that these providers "shall disclose" such information "when the governmental entity uses an administrative subpoena authorized by a Federal or State statute"

Section 51 - Action for injunction and for damages

Affording cause of action for commercial use of name or picture without prior written consent

Section 50 - Right of privacy

Section 2707 - Civil action

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"

Section 2702 - Voluntary disclosure of customer communications or records

Restricting use of Internet subscriber information without consent