Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,946 times 38 Legal AnalysesHolding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Koch v. Christie's International PLC
699 F.3d 141 (2d Cir. 2012) Cited 1,302 times 1 Legal AnalysesHolding that discovery accrual rule announced in Rotella continues to be controlling law
Cohen v. S.A.C. Trading Corp.
711 F.3d 353 (2d Cir. 2013) Cited 385 timesHolding in case involving monetary damages that "[u]nder New York law, the six-year limitations period for unjust enrichment accrues upon the occurrence of the wrongful act giving rise to a duty of restitution and not from the time the facts constituting the fraud are discovered"
In re Merrill Lynch Ltd. Partnership Litigation
154 F.3d 56 (2d Cir. 1998) Cited 468 timesHolding that plaintiffs were on inquiry notice as a matter of law where "disclosures in ... prospectuses and annual reports should have alerted ... investors that they had been misled"
Chapman v. Choicecare Long Island Term Disab
288 F.3d 506 (2d Cir. 2002) Cited 316 times 2 Legal AnalysesHolding that an attorney's inability to perceive the wishes of the client-plaintiff because of the plaintiff's mental illness could be acceptable grounds for equitable tolling if the facts later supported that the client's mental illness was as severe as her attorney claimed
Corcoran v. New York Power Authority
202 F.3d 530 (2d Cir. 1999) Cited 245 timesHolding that a claim accrued when the plaintiff knew that he "may have been exposed to radiation" at his workplace, that he had leukemia, and that a link existed between leukemia and radiation exposure
Grimes v. Fremont Gen. Corp..
785 F. Supp. 2d 269 (S.D.N.Y. 2011) Cited 135 timesHolding that plaintiffs "have not sufficiently alleged close-ended continuity, because they have not adequately pled predicate acts over a period of at least two years"
McLaughlin v. Citimortgage, Inc.
726 F. Supp. 2d 201 (D. Conn. 2010) Cited 95 timesGranting leave to amend but prohibiting plaintiff from relying on redemptionist theories
McAnaney v. Astoria Financial Corp.
665 F. Supp. 2d 132 (E.D.N.Y. 2009) Cited 79 timesHolding that if a court first resolves a motion to dismiss and is then presented with the same issues on summary judgment, the doctrine would not apply "because of the divergent standard of review applicable to motions to dismiss and motions for summary judgment"
In re Ciprofloxacin Hydrochloride Antitrust Litigation
261 F. Supp. 2d 188 (E.D.N.Y. 2003) Cited 77 times 5 Legal AnalysesHolding that "a legal theory dependent on predicting the outcome of a specific lawsuit is unduly speculative"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 331,402 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,012 times 60 Legal AnalysesSpecifying prohibited activities
Section 1692 - Congressional findings and declaration of purpose
15 U.S.C. § 1692 Cited 15,095 times 141 Legal AnalysesFinding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,032 times 72 Legal AnalysesDefining what the terms “person” and “enterprise” include
Section 1601 - Congressional findings and declaration of purpose
15 U.S.C. § 1601 Cited 7,839 times 55 Legal AnalysesExplaining that TILA's disclosure requirements exist “so that the consumer will be able to compare more readily the various credit terms available to him and avoid the uninformed use of credit”
Section 1640 - Civil liability
15 U.S.C. § 1640 Cited 4,931 times 25 Legal AnalysesHolding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
Section 2605 - Servicing of mortgage loans and administration of escrow accounts
12 U.S.C. § 2605 Cited 3,742 times 23 Legal AnalysesDescribing "qualified written request"
Section 2601 - Congressional findings and purpose
12 U.S.C. § 2601 Cited 3,459 times 24 Legal AnalysesProviding purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"
Section 2614 - Jurisdiction of courts; limitations
12 U.S.C. § 2614 Cited 1,266 times 3 Legal AnalysesGranting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"
Section 226.18 - Content of disclosures
12 C.F.R. § 226.18 Cited 531 timesListing the required disclosures for variable rate