49 Cited authorities

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
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
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,986 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
D.H. v. Gottdiener
462 F.3d 95 (2d Cir. 2006) Cited 2,701 times 1 Legal Analyses
Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"
Metropolitan Life Ins. v. Robertson-Ceco Corp.
84 F.3d 560 (2d Cir. 1996) Cited 1,420 times
Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"
Staehr v. Hartford Financial Serv
547 F.3d 406 (2d Cir. 2008) Cited 896 times 1 Legal Analyses
Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"
Licci ex rel. Licci v. Lebanese Canadian Bank SAL
673 F.3d 50 (2d Cir. 2012) Cited 712 times 4 Legal Analyses
Finding New York law applied to tort claim where all of the challenged conduct occurred in New York even though the plaintiffs' injuries occurred in Israel, where they were domiciled
Harris v. City of New York
186 F.3d 243 (2d Cir. 1999) Cited 1,063 times
Holding that a Title VII failure to promote claim accrued when the plaintiff "knew or should have known that he had been passed over for promotion"
Ball v. Metallurgie Hoboken-Overpelt, S.A
902 F.2d 194 (2d Cir. 1990) Cited 912 times
Holding that plaintiff may defeat a 12(b) motion by pleading, in good faith, legally sufficient allegations of jurisdiction
In re Citigroup Inc. Shareholder
964 A.2d 106 (Del. Ch. 2009) Cited 374 times 8 Legal Analyses
Holding the Rales test applies "to show demand futility where the subject of the derivative suit is not a business decision of the board"
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,333 times 6 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
Section 301 - Jurisdiction over persons, property or status
N.Y. CPLR 301 Cited 1,590 times
Codifying caselaw that incorporates "doing business" standard
Section 1-52 - Three years
N.C. Gen. Stat. § 1-52 Cited 1,092 times 16 Legal Analyses
Applying a three-year statute of limitations to an action "[u]pon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections"
Section 8106 - Actions subject to 3-year limitation
Del. Code tit. 10 § 8106 Cited 863 times 13 Legal Analyses
Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"
Section 102 - Contents of certificate of incorporation
Del. Code tit. 8 § 102 Cited 597 times 57 Legal Analyses
Authorizing such waivers
Section 202 - Cause of action accruing without the state
N.Y. CPLR 202 Cited 594 times
Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

IN RE: Bank of America Corp. Securities, Derivative and Employee Retirement Income Security Act (ERISA) Litigation

49 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"

Holding that dismissal was appropriate where no witnesses or other evidence were located in Vermont, neither party was a resident, and "Florida, the locus of the alleged tort . . . ha far more significant interest[] in resolving the dispute"

Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"

Finding New York law applied to tort claim where all of the challenged conduct occurred in New York even though the plaintiffs' injuries occurred in Israel, where they were domiciled

Holding that a Title VII failure to promote claim accrued when the plaintiff "knew or should have known that he had been passed over for promotion"

Holding that plaintiff may defeat a 12(b) motion by pleading, in good faith, legally sufficient allegations of jurisdiction

Holding the Rales test applies "to show demand futility where the subject of the derivative suit is not a business decision of the board"

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Codifying caselaw that incorporates "doing business" standard

Applying a three-year statute of limitations to an action "[u]pon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections"

Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"

Authorizing such waivers

Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does