44 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,232 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"
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,170 times 613 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
United States v. Mead Corp.
533 U.S. 218 (2001) Cited 2,620 times 41 Legal Analyses
Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"
Barnhart v. Sigmon Coal Co.
534 U.S. 438 (2002) Cited 854 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"
Shrader v. CSX Transportation, Inc.
70 F.3d 255 (2d Cir. 1995) Cited 4,451 times
Holding that court has no jurisdiction to review order where it is not mentioned in notice of appeal that expressly lists other orders
Boykin v. Keycorp
521 F.3d 202 (2d Cir. 2008) Cited 1,355 times 1 Legal Analyses
Holding that a plaintiff who identified “particular events giving rise” to her claims and who alleged that “she was treated less favorably . . . because of her race” gave defendant adequate notice under Rule 8 for federal civil rights claims
Woodman v. WWOR-TV, Inc.
411 F.3d 69 (2d Cir. 2005) Cited 714 times 2 Legal Analyses
Holding that, to defeat summary judgment, plaintiff "was obliged to offer evidence indicating that persons who actually participated in her termination decision had . . . knowledge" of her protected characteristics
VLIW Tech., LLC v. Hewlett-Packard Co.
840 A.2d 606 (Del. 2003) Cited 668 times
Holding to survive motion to dismiss claim for breach of contract, plaintiff must demonstrate "resultant damage"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,795 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 77ooo - Duties and responsibility of the trustee
15 U.S.C. § 77ooo Cited 52 times
Requiring that an indenture trustee "exercise in case of default ... such of the rights and powers vested in it by such indenture, and to use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs"
Section 77bbb - Necessity for regulation
15 U.S.C. § 77bbb Cited 26 times
(a) Practices adversely affecting public Upon the basis of facts disclosed by the reports of the Securities and Exchange Commission made to the Congress pursuant to section 78jj of this title and otherwise disclosed and ascertained, it is hereby declared that the national public interest and the interest of investors in notes, bonds, debentures, evidences of indebtedness, and certificates of interest or participation therein, which are offered to the public, are adversely affected- (1) when the obligor
Section 860C - Taxation of residual interests
26 U.S.C. § 860C Cited 1 times
(a) Pass-thru of income or loss (1) In general In determining the tax under this chapter of any holder of a residual interest in a REMIC, such holder shall take into account his daily portion of the taxable income or net loss of such REMIC for each day during the taxable year on which such holder held such interest. (2) Daily portion The daily portion referred to in paragraph (1) shall be determined- (A) by allocating to each day in any calendar quarter its ratable portion of the taxable income (or
Section 860B - Taxation of holders of regular interests
26 U.S.C. § 860B
(a) General rule In determining the tax under this chapter of any holder of a regular interest in a REMIC, such interest (if not otherwise a debt instrument) shall be treated as a debt instrument. (b) Holders must use accrual method The amounts includible in gross income with respect to any regular interest in a REMIC shall be determined under the accrual method of accounting. (c) Portion of gain treated as ordinary income Gain on the disposition of a regular interest shall be treated as ordinary
Section 260.4d-7 - Application for exemption from one or more provisions of the Act
17 C.F.R. § 260.4d-7
(a) Three copies of every application for an order under section 304(d) of the Act (15 U.S.C. 77dd d(d)) and of every amendment thereto shall be filed with the Commission at its principal office. (b) One copy shall be manually signed by a duly authorized officer of the applicant (or individual customarily performing similar functions with respect to an organization, whether incorporated or unincorporated), or by a natural person seeking exemption under section 304(d) of the Act. (c) Such applications

Policemen's Annuity and Benefit Fund Of The City Of Chicago v. Bank of America, NA et al

44 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

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 courts "must give effect to the unambiguously expressed intent of Congress"

Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"

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"

Holding that court has no jurisdiction to review order where it is not mentioned in notice of appeal that expressly lists other orders

Holding that a plaintiff who identified “particular events giving rise” to her claims and who alleged that “she was treated less favorably . . . because of her race” gave defendant adequate notice under Rule 8 for federal civil rights claims

Holding that, to defeat summary judgment, plaintiff "was obliged to offer evidence indicating that persons who actually participated in her termination decision had . . . knowledge" of her protected characteristics

Holding to survive motion to dismiss claim for breach of contract, plaintiff must demonstrate "resultant damage"

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Requiring that an indenture trustee "exercise in case of default ... such of the rights and powers vested in it by such indenture, and to use the same degree of care and skill in their exercise, as a prudent man would exercise or use under the circumstances in the conduct of his own affairs"