38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,700 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,482 times   366 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' "
  3. Day v. Taylor

    400 F.3d 1272 (11th Cir. 2005)   Cited 994 times
    Holding that the district "court may consider a document attached to a" motion to dismiss without converting the motion into one for summary judgment if the attached document is central to the plaintiffs claim and undisputed"
  4. Dalton v. Educ. Testing Serv

    87 N.Y.2d 384 (N.Y. 1995)   Cited 887 times   4 Legal Analyses
    Holding that defendant testing service breached the implied covenant by ignoring evidence it invited the plaintiff to submit
  5. Merrill Lynch v. Allegheny Energy

    500 F.3d 171 (2d Cir. 2007)   Cited 519 times   5 Legal Analyses
    Holding that "resolution of legal questions, including jurisdiction and the right to a jury trial, are subject to de novo review"
  6. Harris v. Provident Life and Acc. Ins. Co.

    310 F.3d 73 (2d Cir. 2002)   Cited 512 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. Kass v. Kass

    91 N.Y.2d 554 (N.Y. 1998)   Cited 552 times   1 Legal Analyses
    Holding that the parties’ agreement controlled
  8. Maxcess, Inc. v. Lucent Technologies, Inc.

    433 F.3d 1337 (11th Cir. 2005)   Cited 404 times
    Holding that such extrinsic evidence can be considered at the motion to dismiss stage if the above factors are met and even if it is not mentioned in or attached to the complaint
  9. Furia v. Furia

    116 A.D.2d 694 (N.Y. App. Div. 1986)   Cited 650 times

    January 27, 1986 Appeal from the Supreme Court, Suffolk County (Fierro, J.). Order affirmed, insofar as appealed from, with costs. The instant complaint is the seventh asserted against the defendant Arnold Furia based upon an alleged 1976 agreement between defendant and plaintiffs Russell Furia and Peter George. In the instant complaint plaintiffs allege that under the terms of the agreement, they provided certain services and materials during the period from July 1976 through December 1980 to develop

  10. Merritt Hill Vineyards Inc. v. Windy Heights Vineyard, Inc.

    61 N.Y.2d 106 (N.Y. 1984)   Cited 501 times
    Holding that without "words of promise" there can be no "breach of contract subjecting the nonfulfilling party to liability for damages"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 347,976 times   926 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,313 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,126 times   48 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"