88 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,563 times 364 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,728 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,437 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"
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,220 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Bridge v. Phoenix Bond & Indem. Co.
553 U.S. 639 (2008) Cited 1,100 times 7 Legal Analyses
Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,662 times 8 Legal Analyses
Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
Kamen v. Kemper Financial Services, Inc.
500 U.S. 90 (1991) Cited 1,202 times 5 Legal Analyses
Holding that while Federal Rule of Civil Procedure 23.1 establishes procedural requirements concerning the "adequacy of the shareholder representative's pleadings," state law governs the substance of the demand requirement
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,187 times 4 Legal Analyses
Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
Kramer v. Time Warner Inc.
937 F.2d 767 (2d Cir. 1991) Cited 1,984 times 1 Legal Analyses
Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
Brehm v. Eisner
26 Del. 3 (Del. 2000) Cited 1,141 times 17 Legal Analyses
Holding that the Delaware Supreme Court reviews de novo all demand futility rulings by the Delaware Court of Chancery
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,577 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,838 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 2 - Principals
18 U.S.C. § 2 Cited 23,700 times 57 Legal Analyses
Holding aiders and abettors punishable as principals under federal criminal law
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 15,840 times 59 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 14,917 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Rule 23.1 - Derivative Actions
Fed. R. Civ. P. 23.1 Cited 1,946 times 26 Legal Analyses
Treating unincorporated associations and corporations similarly for derivative suits
Section 1955 - Prohibition of illegal gambling businesses
18 U.S.C. § 1955 Cited 1,103 times 9 Legal Analyses
Conducting an illegal gambling business
Section 80a-2 - Definitions; applicability; rulemaking considerations
15 U.S.C. § 80a-2 Cited 239 times 18 Legal Analyses
Defining "interested person"
Section 225.00 - Gambling offenses; definitions of terms
N.Y. Penal Law § 225.00 Cited 79 times 2 Legal Analyses
Defining a contest of chance as a “game ... in which the outcome depends in a material degree upon an element of chance, notwithstanding that the skill of the contestants may also be a factor therein”
Section 5361 - Congressional findings and purpose
31 U.S.C. § 5361 Cited 33 times 4 Legal Analyses
(a) FINDINGS.-Congress finds the following: (1) Internet gambling is primarily funded through personal use of payment system instruments, credit cards, and wire transfers. (2) The National Gambling Impact Study Commission in 1999 recommended the passage of legislation to prohibit wire transfers to Internet gambling sites or the banks which represent such sites. (3) Internet gambling is a growing cause of debt collection problems for insured depository institutions and the consumer credit industry

McBearty et al v. The Vanguard Group, Inc et al

88 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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

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"

Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that bidders at a county tax-lien auction plausibly alleged RICO proximate causation when they lost to a competing bidder who lied to the county about complying with the auction's rules

Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

Holding that while Federal Rule of Civil Procedure 23.1 establishes procedural requirements concerning the "adequacy of the shareholder representative's pleadings," state law governs the substance of the demand requirement

Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

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

Holding that the Delaware Supreme Court reviews de novo all demand futility rulings by the Delaware Court of Chancery

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Holding aiders and abettors punishable as principals under federal criminal law

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Treating unincorporated associations and corporations similarly for derivative suits

Conducting an illegal gambling business

Defining "interested person"

Defining a contest of chance as a “game ... in which the outcome depends in a material degree upon an element of chance, notwithstanding that the skill of the contestants may also be a factor therein”