55 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Walker v. Schult
717 F.3d 119 (2d Cir. 2013) Cited 3,035 times
Holding the following prison conditions plausibly alleged an Eighth Amendment claim: "for approximately twenty-eight months, he was confined in a cell with five other men, with inadequate space and ventilation, stifling heat in the summer and freezing cold in the winter, unsanitary conditions, including urine and feces splattered on the floor, insufficient cleaning supplies, a mattress too narrow for him to lie on flat, and noisy, crowded conditions that made sleep difficult and placed him at constant risk of violence and serious harm from cellmates"
DiFolco v. MSNBC Cable L.L.C.
622 F.3d 104 (2d Cir. 2010) Cited 2,380 times
Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"
Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC
797 F.3d 160 (2d Cir. 2015) Cited 977 times 4 Legal Analyses
Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”
In re Bittorrent Adult Film Copyright Infringement Cases
296 F.R.D. 80 (E.D.N.Y. 2012) Cited 853 times 1 Legal Analyses
Finding that "it is no more likely that the subscriber to an IP address carried out a particular computer function . . . than to say an individual who pays the telephone bill made a specific telephone call."
LVRC Holdings LLC v. Brekka
581 F.3d 1127 (9th Cir. 2009) Cited 495 times 49 Legal Analyses
Holding that that the CFAA targets the unauthorized procurement or alteration of information rather than its misuse
Register.com, Inc. v. Verio, Inc.
356 F.3d 393 (2d Cir. 2004) Cited 537 times 8 Legal Analyses
Holding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers
Bigelow v. RKO Radio Pictures, Inc.
327 U.S. 251 (1946) Cited 978 times 3 Legal Analyses
Holding that when the plaintiff cannot prove his damages by precise computation, the jury "may make a just and reasonable estimate of the damage based on relevant data, and render its verdict accordingly"
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"
Luce v. Edelstein
802 F.2d 49 (2d Cir. 1986) Cited 735 times
Holding that the plaintiff's failure to connect allegations of fraudulent representations to particular defendants, attributing representations simply to the “defendants,” could not satisfy Rule 9(b)'s particularity requirement
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,931 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud
N.Y. CPLR 213 Cited 5,431 times 6 Legal Analyses
Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"
Section 1030 - Fraud and related activity in connection with computers
18 U.S.C. § 1030 Cited 3,230 times 408 Legal Analyses
Holding cellular phones are protected

Reis, Inc. et al v. Lennar Corp. et al

55 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”

Finding that "it is no more likely that the subscriber to an IP address carried out a particular computer function . . . than to say an individual who pays the telephone bill made a specific telephone call."

Holding that that the CFAA targets the unauthorized procurement or alteration of information rather than its misuse

Holding that a company that scraped a competitor's website to obtain data for marketing purposes likely committed trespass to chattels, because scraping could—although it did not yet—cause physical harm to the plaintiff's computer servers

Holding that when the plaintiff cannot prove his damages by precise computation, the jury "may make a just and reasonable estimate of the damage based on relevant data, and render its verdict accordingly"

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"

Holding that the plaintiff's failure to connect allegations of fraudulent representations to particular defendants, attributing representations simply to the “defendants,” could not satisfy Rule 9(b)'s particularity requirement

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

Holding cellular phones are protected