46 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Burger King Corp. v. Rudzewicz
471 U.S. 462 (1985) Cited 17,367 times 47 Legal Analyses
Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,822 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
Asahi Metal Indus. Co. Ltd. v. Superior Court
480 U.S. 102 (1987) Cited 4,972 times 40 Legal Analyses
Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable
O'Shea v. Littleton
414 U.S. 488 (1974) Cited 4,243 times 5 Legal Analyses
Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,701 times 8 Legal Analyses
Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,956 times 3 Legal Analyses
Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
Lum v. Bank of Am.
361 F.3d 217 (3d Cir. 2004) Cited 2,149 times 1 Legal Analyses
Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"
Nicosia v. Amazon.com, Inc.
834 F.3d 220 (2d Cir. 2016) Cited 1,197 times 9 Legal Analyses
Holding that a consumer who purchased a weight-loss product from an online retailer lacked standing to pursue injunctive relief
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 362,607 times 962 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 164,455 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 40,207 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,292 times 61 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,244 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,710 times 104 Legal Analyses
Relating to mail fraud
Section 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 5,000 times 112 Legal Analyses
Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,377 times 7 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
Section 350 - False advertising unlawful
N.Y. Gen. Bus. Law § 350 Cited 1,054 times 27 Legal Analyses
Prohibiting false advertising

Karathanos v. Quincy Bioscience Holding Company, Inc. et al

46 Cited authorities

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

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable

Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"

Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

Holding that a consumer who purchased a weight-loss product from an online retailer lacked standing to pursue injunctive relief

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

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Relating to mail fraud

Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Prohibiting false advertising