28 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
Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.
375 F.3d 168 (2d Cir. 2004) Cited 1,260 times 3 Legal Analyses
Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"
ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.
553 F.3d 187 (2d Cir. 2009) Cited 942 times 2 Legal Analyses
Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality
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"
Crigger v. Fahnestock and Co., Inc.
443 F.3d 230 (2d Cir. 2006) Cited 327 times
Holding that 801(d)(D) proponent must establish existence of agency relationship, that statement was made in course of that relationship, and that statement relates to matter within scope of agency
Denny v. Barber
576 F.2d 465 (2d Cir. 1978) Cited 513 times 1 Legal Analyses
Holding that defendant's failure to anticipate future events did not constitute securities fraud
Olkey v. Hyperion 1999 Term Trust Inc.
98 F.3d 2 (2d Cir. 1996) Cited 188 times 1 Legal Analyses
Holding that a second-page risk disclosure was prominent
Iowa Public Employees' Retire v. MF Global
620 F.3d 137 (2d Cir. 2010) Cited 127 times
Finding that defendants' affirmative defense was apparent from the plaintiffs' allegations in their complaint
Rapoport v. Asia Electronics Holding Co., Inc.
88 F. Supp. 2d 179 (S.D.N.Y. 2000) Cited 75 times
Holding that where documents relied on in drafting the complaint contradict the complaint, "the documents control and this Court need not accept as true the allegations of the amended complaint"
Stratton v. Royal Bank of Canada
712 S.E.2d 221 (N.C. Ct. App. 2011) Cited 46 times 1 Legal Analyses
Holding that the "discovery rule" does not apply to claims for unjust enrichment
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 357,835 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
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 78bb - Effect on existing law
15 U.S.C. § 78bb Cited 908 times 30 Legal Analyses
Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
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: Harbinger Capital Partners Funds Investor Litigation

28 Cited authorities

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

Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"

Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality

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

Holding that 801(d)(D) proponent must establish existence of agency relationship, that statement was made in course of that relationship, and that statement relates to matter within scope of agency

Holding that defendant's failure to anticipate future events did not constitute securities fraud

Holding that a second-page risk disclosure was prominent

Finding that defendants' affirmative defense was apparent from the plaintiffs' allegations in their complaint

Holding that where documents relied on in drafting the complaint contradict the complaint, "the documents control and this Court need not accept as true the allegations of the amended complaint"

Holding that the "discovery rule" does not apply to claims for unjust enrichment

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

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"

Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

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