69 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,981 times   73 Legal Analyses
    Holding that the respondent could not "obtain relief" under § 1125 "without evidence of injury proximately caused by [the petitioner's] alleged misrepresentations"
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 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"
  5. Wilson v. Garcia

    471 U.S. 261 (1985)   Cited 7,701 times   2 Legal Analyses
    Holding that the statute of limitations for a Section 1983 claim is borrowed from the state's personal injury statute of limitations
  6. Klaxon Co. v. Stentor Co.

    313 U.S. 487 (1941)   Cited 10,606 times   6 Legal Analyses
    Holding that Erie doctrine applies to conflict-of-law rules
  7. Swanson v. Citibank

    614 F.3d 400 (7th Cir. 2010)   Cited 2,077 times   2 Legal Analyses
    Holding plaintiff stated a claim under § 3605
  8. MedellÍn v. Texas

    552 U.S. 491 (2008)   Cited 498 times   6 Legal Analyses
    Holding that President George W. Bush's memorandum in response to an international court's decision was "not a rule of domestic law binding in state and federal courts"
  9. Clark-Fitzpatrick, Inc. v. Long Island Rail Road

    70 N.Y.2d 382 (N.Y. 1987)   Cited 2,993 times   1 Legal Analyses
    Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."
  10. Colavito v. New York Organ Donor Network, Inc.

    2006 N.Y. Slip Op. 9320 (N.Y. 2006)   Cited 675 times   1 Legal Analyses
    Holding that survivors' limited right to control the burial of a deceased relative did not imply a general, common-law property right in body parts
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity
  12. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,874 times   1249 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  13. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,651 times   326 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
  14. Section 1117 - Recovery for violation of rights

    15 U.S.C. § 1117   Cited 5,070 times   149 Legal Analyses
    Granting district courts significant discretion to award damages for a violation of § 1125
  15. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,953 times   110 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"
  16. Section 5-701 - Agreements required to be in writing

    N.Y. Gen. Oblig. Law § 5-701   Cited 1,739 times   3 Legal Analyses
    Stating that an oral agreement is void if “[b]y its terms is not to be performed within one year from the making thereof”
  17. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 543 times   9 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.

  18. Section 3344 - Using another's name, voice, signature, photograph or likeness

    Cal. Civ. Code § 3344   Cited 395 times   48 Legal Analyses
    Granting $5728.42 of the $15,437.72 requested