61 Cited authorities

  1. Carnegie-Mellon Univ. v. Cohill

    484 U.S. 343 (1988)   Cited 11,815 times   1 Legal Analyses
    Holding district courts have discretion whether to dismiss state law claims after all the federal claims are dismissed and explaining the factors courts should consider when doing so
  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,096 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  3. Mine Workers v. Gibbs

    383 U.S. 715 (1966)   Cited 18,105 times   2 Legal Analyses
    Holding that supplemental jurisdiction is a "doctrine of discretion"
  4. Saint Francis Coll. v. Al-Khazraji

    481 U.S. 604 (1987)   Cited 1,173 times   7 Legal Analyses
    Holding that discrimination “based on the fact that [plaintiff] was born an Arab, rather than solely on the place or nation of his origin” will support a § 1981 claim
  5. Tomka v. Seiler Corp.

    66 F.3d 1295 (2d Cir. 1995)   Cited 2,033 times   4 Legal Analyses
    Holding that Title VII action may be maintained only against "employer-entity"
  6. Dillon v. City of New York

    261 A.D.2d 34 (N.Y. App. Div. 1999)   Cited 870 times   2 Legal Analyses
    Holding that "[d]efamation has long been recognized to arise from the making of a false statement which tends to expose the plaintiff to public contempt, ridicule, aversion or disgrace, or induce an evil opinion of him in the minds of right-thinking persons, and to deprive him of their friendly intercourse in society."
  7. Marcus v. AT&T Corp.

    138 F.3d 46 (2d Cir. 1998)   Cited 910 times
    Holding that claim alleging breach of contract in which carrier agreed to charge plaintiff different rate than that set forth in tariff did not raise substantial federal question, but contract could not be enforced due to filed-rate doctrine
  8. First Capital Asset Mgmt. v. Satinwood, Inc.

    385 F.3d 159 (2d Cir. 2004)   Cited 653 times
    Holding that predicate acts over two-and-a-half years did not constitute closed-ended continuity because the complaint "alleged that [defendant] engaged in a single scheme to defraud two creditors by quickly moving his assets to his relatives and then concealing the existence of those assets during his bankruptcy proceeding"
  9. Shipping Financial Services Corp. v. Drakos

    140 F.3d 129 (2d Cir. 1998)   Cited 811 times
    Holding that in considering a 12(b) motion to dismiss for want of subject matter jurisdiction, a court must assume as true factual allegations in the complaint
  10. Mian v. Donaldson, Lufkin & Jenrette Securities Corp.

    7 F.3d 1085 (2d Cir. 1993)   Cited 931 times
    Holding that the plaintiff should be given the "opportunity to amend his complaint in light of the policy to liberally construe civil rights complaints"
  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 356,916 times   947 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,536 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 63,968 times   79 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  14. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,580 times   259 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  15. Section 2000e-5 - Enforcement provisions

    42 U.S.C. § 2000e-5   Cited 27,301 times   124 Legal Analyses
    Holding charges must be made in writing, under oath, and contain all information as the Commission requires
  16. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,968 times   62 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  17. Section 290 - Purposes of article

    N.Y. Exec. Law § 290   Cited 3,037 times   4 Legal Analyses
    Describing purpose of article as, inter alia, "to eliminate and prevent discrimination in employment"
  18. Section 2202 - Further relief

    28 U.S.C. § 2202   Cited 2,621 times
    Permitting court to issue "[f]urther necessary or proper relief based on a declaratory judgment"
  19. Section 74 - Privileges in action for libel

    N.Y. Civ. Rights Law § 74   Cited 395 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