29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 261,602 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Liteky v. United States
510 U.S. 540 (1994) Cited 7,848 times 6 Legal Analyses
Holding that a judge's impatience and annoyance did not justify disqualification
Liljeberg v. Health Services Acquisition Corp.
486 U.S. 847 (1988) Cited 2,200 times 6 Legal Analyses
Holding that relief from judgment is not automatic even if the presiding judge violates § 455 by failing to recuse himself
Withrow v. Larkin
421 U.S. 35 (1975) Cited 2,434 times 6 Legal Analyses
Holding that a claimant "must overcome a presumption of honesty and integrity in those serving as adjudicators . . . ."
In re Murchison
349 U.S. 133 (1955) Cited 2,148 times 10 Legal Analyses
Holding it was a violation of due process for the same state court judge to act as a "one-man grand jury" in secret hearings, to charge witnesses with perjury and contempt, and to try those witnesses for contempt
U.S. v. Yousef
327 F.3d 56 (2d Cir. 2003) Cited 832 times 2 Legal Analyses
Holding that a U.S. nexus must be demonstrated for a federal criminal statute to apply extraterritorially, but not reaching the vessel registry issue because it was not presented
Williams v. Citigroup Inc.
433 F. App'x 36 (2d Cir. 2011) Cited 602 times
Finding a "strong preference for resolving disputes on the merits"
Offutt v. United States
348 U.S. 11 (1954) Cited 737 times
Holding that heavy sanctions, which were later reduced by a higher court, constituted “compelling proof” of bias
Sec. & Exch. Comm'n v. Razmilovic
738 F.3d 14 (2d Cir. 2013) Cited 265 times 2 Legal Analyses
Holding that the risk of uncertainty falls on the wrongdoer as long as the agency's "measure of disgorgement is reasonable"
Public Utilities Comm'n v. Pollak
343 U.S. 451 (1952) Cited 517 times
Holding that the applicability of the Fifth Amendment "concededly appl[ies] to and restrict only the Federal Government and not private persons."
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 355,868 times 945 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,495 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Section 455 - Disqualification of justice, judge, or magistrate judge
28 U.S.C. § 455 Cited 11,288 times 29 Legal Analyses
Setting forth standards of recusal

In Touch Concepts, Inc. v. Verizon Communications Inc. et al

29 Cited authorities

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

Holding that a judge's impatience and annoyance did not justify disqualification

Holding that relief from judgment is not automatic even if the presiding judge violates § 455 by failing to recuse himself

Holding that a claimant "must overcome a presumption of honesty and integrity in those serving as adjudicators . . . ."

Holding it was a violation of due process for the same state court judge to act as a "one-man grand jury" in secret hearings, to charge witnesses with perjury and contempt, and to try those witnesses for contempt

Holding that a U.S. nexus must be demonstrated for a federal criminal statute to apply extraterritorially, but not reaching the vessel registry issue because it was not presented

Finding a "strong preference for resolving disputes on the merits"

Holding that heavy sanctions, which were later reduced by a higher court, constituted “compelling proof” of bias

Holding that the risk of uncertainty falls on the wrongdoer as long as the agency's "measure of disgorgement is reasonable"

Holding that the applicability of the Fifth Amendment "concededly appl[ies] to and restrict only the Federal Government and not private persons."

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

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Setting forth standards of recusal