32 Cited authorities

  1. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,260 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"
  2. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,989 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
  3. Ganino v. Citizens Utilities Co.

    228 F.3d 154 (2d Cir. 2000)   Cited 961 times   2 Legal Analyses
    Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test
  4. Barnes v. AT&T Pension Benefit Plan

    718 F. Supp. 2d 1167 (N.D. Cal. 2010)   Cited 401 times   1 Legal Analyses
    Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits
  5. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 658 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint
  6. Redwood v. Dobson

    476 F.3d 462 (7th Cir. 2007)   Cited 184 times   1 Legal Analyses
    Holding that there is no viable § 1985 claim where there was no conspiracy
  7. In re Bear Stearns Companies, Inc. Sec., Derivative

    763 F. Supp. 2d 423 (S.D.N.Y. 2011)   Cited 153 times   3 Legal Analyses
    Holding that at the motion to dismiss stage, the complaint “need not rule out all competing theories for the drop in . . . stock price; that is an issue to be determined by the trier of fact on a fully developed record”
  8. In re Lehman Bros

    650 F.3d 167 (2d Cir. 2011)   Cited 115 times
    Holding that because ratings issued by rating agencies “speak merely to the Agency's opinion of the creditworthiness of a particular security,” ratings “should be evaluated under the ‘expert’ provision of § 11, not under the ‘underwriter’ provision”
  9. Lane v. Page

    272 F.R.D. 581 (D.N.M. 2011)   Cited 114 times
    Holding that the affirmative defense, if substantively similar to that stated in Form 30, is adequately pled, and that a detailed explanation of the defense can be later presented in a Rule 12(b) motion
  10. Custom Vehicles, Inc. v. Forest River, Inc.

    464 F.3d 725 (7th Cir. 2006)   Cited 89 times
    In Custom Vehicles, Inc. v. Forest River, Inc., 464 F.3d 725 (7th Cir. 2006), one of the parties moved to strike its opponent's statement of facts on the ground that it contained unsupported assertions of fact and misconstrued the record.
  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,349 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  12. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,552 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure