57 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,402 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,646 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
  3. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,453 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
  4. St. Amant v. Thompson

    390 U.S. 727 (1968)   Cited 1,793 times   2 Legal Analyses
    Holding that to show actual malice, plaintiff must show "high degree of awareness of probably falsity"
  5. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 3,047 times
    Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"
  6. Brass v. American Film Technologies, Inc.

    987 F.2d 142 (2d Cir. 1993)   Cited 1,957 times
    Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions
  7. Howell v. New York Post Co.

    81 N.Y.2d 115 (N.Y. 1993)   Cited 1,474 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."
  8. Letter Carriers v. Austin

    418 U.S. 264 (1974)   Cited 609 times   5 Legal Analyses
    Holding that a union newsletter's description of a “scab” as a “traitor” could not be construed as a factual assertion
  9. White v. Securities & Exchange Commission

    434 U.S. 969 (1977)   Cited 467 times
    Upholding three minute cut-off figure
  10. Broder v. Cablevision Systems Corp.

    418 F.3d 187 (2d Cir. 2005)   Cited 450 times   1 Legal Analyses
    Holding that under New York law, "[w]hen a plaintiff does not possess a private right of action under a particular statute, and does not allege any actionable wrongs independent of the requirements of the statute, a claim [under another cause of action alleging merely a violation of a statute under which they do not possess a private right of action] is properly dismissed as an effort to circumvent the legislative preclusion of private lawsuits for violation of the statute"
  11. 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 357,758 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
  12. Section 74 - Privileges in action for libel

    N.Y. Civ. Rights Law § 74   Cited 397 times   4 Legal Analyses

    A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published. This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding