26 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,461 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' "
Moses H. Cone Hosp. v. Mercury Constr. Corp.
460 U.S. 1 (1983) Cited 11,902 times 47 Legal Analyses
Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"
Buckeye Check Cashing v. Cardegna
546 U.S. 440 (2006) Cited 1,975 times 33 Legal Analyses
Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,249 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"
Makarova v. U.S.
201 F.3d 110 (2d Cir. 2000) Cited 3,946 times
Holding that legal issues presented by Rule 12(b) motion are reviewed de novo
Prima Paint Corp. v. Flood & Conklin Mfg. Co.
388 U.S. 395 (1967) Cited 2,945 times 21 Legal Analyses
Holding that courts are the proper forum to evaluate a challenge to the validity of an arbitration clause, but that where the entire agreement of which an arbitration clause is but a part is challenged, such evaluation is properly left to the arbitrator
Aurecchione v. Schoolman Transp. System
426 F.3d 635 (2d Cir. 2005) Cited 854 times 2 Legal Analyses
Holding that a plaintiffs complaint survived Rule 12(b) dismissal where the plaintiff "made a colorable pleading of subject matter jurisdiction upon which the district court could have relied to adjudicate the complaint"
Nowak v. Ironworkers Local 6 Pension Fund
81 F.3d 1182 (2d Cir. 1996) Cited 1,149 times
Holding that the court, "having presided over the case since April 6, 1994, and having dismissed Nowak's federal claim only nine days before it was set for trial, acted well within his discretion in exercising supplemental jurisdiction over Nowak's related state causes of action"
Merrill Lynch v. Allegheny Energy
500 F.3d 171 (2d Cir. 2007) Cited 514 times 5 Legal Analyses
Holding that "resolution of legal questions, including jurisdiction and the right to a jury trial, are subject to de novo review"
Halebian v. Berv
644 F.3d 122 (2d Cir. 2011) Cited 396 times
Holding that the district court must adjudicate the claim within the framework of summary judgment by converting the defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(d)
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 345,715 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2 - Validity, irrevocability, and enforcement of agreements to arbitrate
9 U.S.C. § 2 Cited 10,874 times 117 Legal Analyses
Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"

Lafontant v. Washington Square Financial LLC et al

26 Cited authorities

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' "

Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

Holding that nothing necessarily prevents a court from finding an arbitration clause unenforceable in a contract that it later finds is enforceable

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"

Holding that legal issues presented by Rule 12(b) motion are reviewed de novo

Holding that courts are the proper forum to evaluate a challenge to the validity of an arbitration clause, but that where the entire agreement of which an arbitration clause is but a part is challenged, such evaluation is properly left to the arbitrator

Holding that a plaintiffs complaint survived Rule 12(b) dismissal where the plaintiff "made a colorable pleading of subject matter jurisdiction upon which the district court could have relied to adjudicate the complaint"

Holding that the court, "having presided over the case since April 6, 1994, and having dismissed Nowak's federal claim only nine days before it was set for trial, acted well within his discretion in exercising supplemental jurisdiction over Nowak's related state causes of action"

Holding that "resolution of legal questions, including jurisdiction and the right to a jury trial, are subject to de novo review"

Holding that the district court must adjudicate the claim within the framework of summary judgment by converting the defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(d)

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

Granting federal jurisdiction where there is "a transaction involving [interstate] commerce"