27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 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 273,590 times 368 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
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,657 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
Hollingsworth v. Perry
570 U.S. 693 (2013) Cited 986 times 16 Legal Analyses
Holding that proponents of a ballot initiative who "ha[d] no role ... in the enforcement of " the initiative and were not "agents of the State" lacked standing to defend it on appeal
Pension Benefit Guar. Corp. v. Morgan Stanley Inv. Mgmt. Inc.
712 F.3d 705 (2d Cir. 2013) Cited 656 times 4 Legal Analyses
Holding that although failure to diversify may give rise to a claim for breach of fiduciary duty, plaintiff failed to state a claim on the facts alleged
Robidoux v. Celani
987 F.2d 931 (2d Cir. 1993) Cited 893 times 2 Legal Analyses
Holding that recipients of public assistance challenging delays by the Vermont Department of Social Welfare could proceed under the "inherently transitory" exception in part because "the Department will almost always be able to process a delayed application before a plaintiff can obtain relief through litigation"
Denny v. Ford Motor Co.
87 N.Y.2d 248 (N.Y. 1995) Cited 421 times 3 Legal Analyses
Affirming distinction, under New York law, between claims based on strict products liability and breach of implied warranty of fitness pursuant to N.Y. U.C.C. § 2–314[c], including being “minimally safe” for the product's “expected purpose”
Maurizio v. Goldsmith
230 F.3d 518 (2d Cir. 2000) Cited 325 times
Holding that plaintiff cannot recover under GBL § 349 absent allegations that "the plaintiff has been injured"
Carver v. City of N.Y.C.
621 F.3d 221 (2d Cir. 2010) Cited 172 times
Holding that the plaintiff sufficiently alleged standing because he adequately alleged that the defendants violated federal labor laws
Koenig v. Boulder Brands, Inc.
995 F. Supp. 2d 274 (S.D.N.Y. 2014) Cited 118 times
Holding that "to the extent that [p]laintiffs' other claims succeed, the unjust enrichment claim is duplicative, and if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 2-313 - Express Warranties by Affirmation, Promise, Description, Sample
N.Y. U.C.C. Law § 2-313 Cited 302 times
Defining express warranties
Section 2-607 - Effect of Acceptance; Notice of Breach; Burden of Establishing Breach After Acceptance; Notice of Claim or Litigation to Person Answerable Over
N.Y. U.C.C. Law § 2-607 Cited 247 times
(1) The buyer must pay at the contract rate for any goods accepted. (2) Acceptance of goods by the buyer precludes rejection of the goods accepted and if made with knowledge of a non-conformity cannot be revoked because of it unless the acceptance was on the reasonable assumption that the non-conformity would be seasonably cured but acceptance does not of itself impair any other remedy provided by this Article for non-conformity. (3) Where a tender has been accepted (a) the buyer must within a reasonable

Rapoport-Hecht v. Seventh Generation, Inc.

27 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 there is no justiciable controversy where plaintiff had once been subjected to a chokehold

Holding that proponents of a ballot initiative who "ha[d] no role ... in the enforcement of " the initiative and were not "agents of the State" lacked standing to defend it on appeal

Holding that although failure to diversify may give rise to a claim for breach of fiduciary duty, plaintiff failed to state a claim on the facts alleged

Affirming distinction, under New York law, between claims based on strict products liability and breach of implied warranty of fitness pursuant to N.Y. U.C.C. § 2–314[c], including being “minimally safe” for the product's “expected purpose”

Holding that plaintiff cannot recover under GBL § 349 absent allegations that "the plaintiff has been injured"

Holding that the plaintiff sufficiently alleged standing because he adequately alleged that the defendants violated federal labor laws

Holding that "to the extent that [p]laintiffs' other claims succeed, the unjust enrichment claim is duplicative, and if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Defining express warranties