32 Cited authorities

Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,327 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"
Kramer v. Time Warner Inc.
937 F.2d 767 (2d Cir. 1991) Cited 2,001 times 1 Legal Analyses
Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
Ganino v. Citizens Utilities Co.
228 F.3d 154 (2d Cir. 2000) Cited 966 times 2 Legal Analyses
Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test
Barnes v. AT&T Pension Benefit Plan
718 F. Supp. 2d 1167 (N.D. Cal. 2010) Cited 402 times 1 Legal Analyses
Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits
First Nationwide Bank v. Gelt Funding Corp.
27 F.3d 763 (2d Cir. 1994) Cited 663 times
Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint
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
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”
In re Lehman Bros
650 F.3d 167 (2d Cir. 2011) Cited 116 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”
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
Custom Vehicles, Inc. v. Forest River, Inc.
464 F.3d 725 (7th Cir. 2006) Cited 90 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.
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,789 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."
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,674 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Lighthouse Financial Group v. The Royal Bank of Scotland Group, plc et al

32 Cited authorities

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 the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test

Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits

Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

Holding that there is no viable § 1985 claim where there was no conspiracy

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”

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”

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

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.

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure