40 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 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' "
  2. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,647 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact
  3. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,033 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
  4. Raines v. Byrd

    521 U.S. 811 (1997)   Cited 1,766 times   10 Legal Analyses
    Holding specifically and only that "individual members of Congress [lack] Article III standing"
  5. Simon v. E. Ky. Welfare Rights Org.

    426 U.S. 26 (1976)   Cited 3,185 times   6 Legal Analyses
    Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs
  6. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 2,958 times
    Holding that “[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated” and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were “integral to [plaintiffs'] complaint”
  7. Mills v. Polar Molecular Corp.

    12 F.3d 1170 (2d Cir. 1993)   Cited 1,542 times   1 Legal Analyses
    Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"
  8. Rapps v. Jackson

    503 U.S. 960 (1992)   Cited 339 times
    Holding that although the court declined to consider a stock purchase agreement, offering memorandum and warrant on a Rule 12(b) motion to dismiss, it could have viewed them without converting that motion into one for summary judgment where the non-moving party had notice of these documents because they were either in their possession or they had used them in bringing the action
  9. De Jesus v. Sears, Roebuck & Co.

    87 F.3d 65 (2d Cir. 1996)   Cited 486 times
    Holding that it is appropriate to deny leave to amend "when a party has been given ample prior opportunity to allege a claim"
  10. Oppenheimer Co. v. Oppenheim

    86 N.Y.2d 685 (N.Y. 1995)   Cited 448 times   5 Legal Analyses
    Holding that obligation by landlord to furnish proof of sale or development was not condition of effective termination where contract merely required that such proof be furnished “ when such notice [of termination] is given”
  11. Section 502 - Allowance of claims or interests

    11 U.S.C. § 502   Cited 9,148 times   85 Legal Analyses
    Permitting summary adjudication or estimation of amounts due in bankruptcy claims adjudication
  12. Section 547 - Preferences

    11 U.S.C. § 547   Cited 8,125 times   82 Legal Analyses
    Seeking to avoid preferential transfers