29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 times 280 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
Liteky v. United States
510 U.S. 540 (1994) Cited 7,705 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 2,169 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 2,414 times 5 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 2,125 times 9 Legal Analyses
Holding that it violated due process for one adjudicator to act as grand jury and judge for same defendants
U.S. v. Yousef
327 F.3d 56 (2d Cir. 2003) Cited 826 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 583 times
Finding a "strong preference for resolving disputes on the merits"
Offutt v. United States
348 U.S. 11 (1954) Cited 733 times
Holding that heavy sanctions, which were later reduced by a higher court, constituted “compelling proof” of bias
Public Utilities Comm'n v. Pollak
343 U.S. 451 (1952) Cited 512 times
Holding that the applicability of the Fifth Amendment "concededly appl[ies] to and restrict only the Federal Government and not private persons."
Sec. & Exch. Comm'n v. Razmilovic
738 F.3d 14 (2d Cir. 2013) Cited 253 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"
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 348,310 times 930 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 48,898 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 11,105 times 29 Legal Analyses
Setting forth standards of recusal

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

29 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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 that it violated due process for one adjudicator to act as grand jury and judge for same defendants

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

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

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