21 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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' "
  2. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,097 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
  3. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,876 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
  4. McCarthy v. Dun & Bradstreet Corp.

    482 F.3d 184 (2d Cir. 2007)   Cited 3,220 times
    Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"
  5. Barnhart v. Sigmon Coal Co.

    534 U.S. 438 (2002)   Cited 838 times   2 Legal Analyses
    Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"
  6. McCulloch v. Sociedad Nacional

    372 U.S. 10 (1963)   Cited 284 times   2 Legal Analyses
    Holding that "the law of the flag state ordinarily governs the internal affairs of a ship"
  7. Ofori-Tenkorang v. American Intern. Group

    460 F.3d 296 (2d Cir. 2006)   Cited 187 times   2 Legal Analyses
    Holding "nothing in the statutory language [of Section 1981] indicat[es] Congress's intent to allow those outside the territorial jurisdiction of the United States to raise Section 1981 claims"
  8. Foley Bros. v. Filardo

    336 U.S. 281 (1949)   Cited 245 times   7 Legal Analyses
    Holding that federal Eight Hour Law did not apply overseas where legislative history revealed that Congress was primarily concerned with domestic employment conditions
  9. Benz v. Compania Naviera Hidalgo

    353 U.S. 138 (1957)   Cited 143 times
    Holding the LMRA inapplicable to the picketing of a foreign ship operated entirely by foreign seamen
  10. Diorinou v. Mezitis

    237 F.3d 133 (2d Cir. 2001)   Cited 92 times
    Finding that children were habitually resident in Greece where children were citizens of both the United States and Greece, the father was a U.S. citizen, and the mother was a Greek citizen
  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 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1513 - Retaliating against a witness, victim, or an informant

    18 U.S.C. § 1513   Cited 1,171 times   24 Legal Analyses
    Criminalizing retaliation for "providing to a law enforcement officer any truthful information relating to the commission ... of any Federal offense "
  13. Section 1514A - Civil action to protect against retaliation in fraud cases

    18 U.S.C. § 1514A   Cited 742 times   176 Legal Analyses
    Adopting the burdens of proof set out in 49 U.S.C. § 42121(b)
  14. Section 1514 - Civil action to restrain harassment of a victim or witness

    18 U.S.C. § 1514   Cited 157 times   11 Legal Analyses
    Addressing witness harassment
  15. Section 1513 - Duties and powers vested in Department

    15 U.S.C. § 1513   Cited 4 times   1 Legal Analyses

    All duties performed and all power and authority possessed or exercised by the head of any executive department in and over any bureau, office, officer, board, branch, or division of the public service transferred to the Department of Commerce, or any business arising therefrom or pertaining thereto, or in relation to the duties performed by and authority conferred by law upon such bureau, officer, office, board, branch, or division of the public service, whether of an appellate or revisory character

  16. Section 1980.114 - District court jurisdiction over retaliation complaints

    29 C.F.R. § 1980.114   Cited 34 times
    Requiring that the ARB be notified of intent to file a federal suit if an ALJ's ruling is on appeal to the ARB