39 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,482 times   38 Legal Analyses
    Holding 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"
  2. Koch v. Christie's International PLC

    699 F.3d 141 (2d Cir. 2012)   Cited 1,286 times   1 Legal Analyses
    Holding that discovery accrual rule announced in Rotella continues to be controlling law
  3. Cohen v. S.A.C. Trading Corp.

    711 F.3d 353 (2d Cir. 2013)   Cited 382 times
    Holding 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"
  4. In re Merrill Lynch Ltd. Partnership Litigation

    154 F.3d 56 (2d Cir. 1998)   Cited 462 times
    Holding 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"
  5. Chapman v. Choicecare Long Island Term Disab

    288 F.3d 506 (2d Cir. 2002)   Cited 315 times   2 Legal Analyses
    Holding 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
  6. Corcoran v. New York Power Authority

    202 F.3d 530 (2d Cir. 1999)   Cited 244 times
    Holding 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
  7. Grimes v. Fremont Gen. Corp..

    785 F. Supp. 2d 269 (S.D.N.Y. 2011)   Cited 134 times
    Holding 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"
  8. McLaughlin v. Citimortgage, Inc.

    726 F. Supp. 2d 201 (D. Conn. 2010)   Cited 90 times
    Granting leave to amend but prohibiting plaintiff from relying on redemptionist theories
  9. McAnaney v. Astoria Financial Corp.

    665 F. Supp. 2d 132 (E.D.N.Y. 2009)   Cited 78 times
    Holding 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"
  10. In re Ciprofloxacin Hydrochloride Antitrust Litigation

    261 F. Supp. 2d 188 (E.D.N.Y. 2003)   Cited 77 times   5 Legal Analyses
    Holding that "a legal theory dependent on predicting the outcome of a specific lawsuit is unduly speculative"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,129 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,113 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,909 times   60 Legal Analyses
    Specifying prohibited activities
  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 15,013 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 14,973 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  16. Section 1601 - Congressional findings and declaration of purpose

    15 U.S.C. § 1601   Cited 7,808 times   52 Legal Analyses
    Explaining 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”
  17. Section 1640 - Civil liability

    15 U.S.C. § 1640   Cited 4,915 times   25 Legal Analyses
    Holding "any creditor who fails to comply" liable, with creditors defined within § 1602(g) as persons
  18. Section 2605 - Servicing of mortgage loans and administration of escrow accounts

    12 U.S.C. § 2605   Cited 3,726 times   23 Legal Analyses
    Describing "qualified written request"
  19. Section 2601 - Congressional findings and purpose

    12 U.S.C. § 2601   Cited 3,445 times   23 Legal Analyses
    Providing purpose of RESPA is "to effect certain changes in the settlement process for residential real estate"
  20. Section 2614 - Jurisdiction of courts; limitations

    12 U.S.C. § 2614   Cited 1,262 times   3 Legal Analyses
    Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"
  21. Section 226.18 - Content of disclosures

    12 C.F.R. § 226.18   Cited 531 times
    Listing the required disclosures for variable rate