16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,459 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 266,381 times   365 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. Parklane Hosiery Co. v. Shore

    439 U.S. 322 (1979)   Cited 4,235 times   8 Legal Analyses
    Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
  4. Kennedy v. Mendoza-Martinez

    372 U.S. 144 (1963)   Cited 1,758 times   8 Legal Analyses
    Holding that, "[a]bsent conclusive evidence of congressional intent as to the penal nature of a statute, these factors must be considered in relation to the statute on its face"
  5. Howell v. New York Post Co.

    81 N.Y.2d 115 (N.Y. 1993)   Cited 1,430 times
    Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."
  6. Hyman v. Hyman

    502 F.3d 61 (2d Cir. 2007)   Cited 271 times
    Finding that this standard "complements but does not dilute the other terms of the provision, "fraud," "embezzlement" and "larceny" - all of which require a showing of actual wrong intent."
  7. Gelb v. Royal Globe Insurance

    798 F.2d 38 (2d Cir. 1986)   Cited 310 times
    Finding plaintiff insured did not receive effective appellate review
  8. Bovsun v. Sanperi

    61 N.Y.2d 219 (N.Y. 1984)   Cited 312 times   1 Legal Analyses
    Holding that "where a defendant negligently exposes a plaintiff to an unreasonable risk of bodily injury or death, the plaintiff may recover, as a proper element of his or her damages, damages for injuries suffered in consequence of the observation of the serious injury or death of a member of his or her immediate family"
  9. Salahuddin v. Jones

    992 F.2d 447 (2d Cir. 1993)   Cited 189 times
    Holding that pro se plaintiff's claims were properly dismissed where they relied on "wholly conclusory and inconsistent allegations"
  10. S.T. Grand, Inc. v. City of N.Y

    32 N.Y.2d 300 (N.Y. 1973)   Cited 206 times
    Denying quantum meruit relief to a municipal contractor convicted of bribery in an effort "to deter violation of the bidding statutes" and serve the "grave public concern that there be absolute honesty in the procuring of a public contract"