§Why CasetextPricing

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

MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss . . Document

44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,251 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  4. Technomarine Sa v. Giftports, Inc.

    758 F.3d 493 (2d Cir. 2014)   Cited 758 times   2 Legal Analyses
    Holding that " court may consider a res judicata defense on a Rule 12(b) motion to dismiss when the court's inquiry is limited to the plaintiff's complaint, documents attached or incorporated therein, and materials appropriate for judicial notice"

  5. Vigilant Ins v. Housing Auth

    87 N.Y.2d 36 (N.Y. 1995)   Cited 433 times
    Holding that “[c]ourts must look to the underlying claim and the nature of the relief sought to determine the applicable period of limitation [to a declaratory judgment action] * * *”, and that “a court's inquiry focuses on ‘the substance of action to identify the relationship out of which the claim arises and the relief sought’ * * *.” (quoting Solnick, 49 N.Y.2d at 229, 425 N.Y.S.2d 68, 401 N.E.2d 190)

  6. Crigger v. Fahnestock and Co., Inc.

    443 F.3d 230 (2d Cir. 2006)   Cited 317 times
    Holding that 801(d)(D) proponent must establish existence of agency relationship, that statement was made in course of that relationship, and that statement relates to matter within scope of agency

  7. Patrick Collins, Inc. v. Doe

    288 F.R.D. 233 (E.D.N.Y. 2012)   Cited 225 times
    Finding an IP address an insufficient basis to identify a defendant because "the actual device that performed the allegedly infringing activity could have been owned by a relative or guest of the account owner, or even an interloper without the knowledge of the owner"

  8. Hines v. Overstock.com, Inc.

    380 F. App'x 22 (2d Cir. 2010)   Cited 176 times   2 Legal Analyses
    Holding online retail store did not provide adequate notice when the website did not prompt customer to review the site's "Terms and Conditions" and the link to the terms was not prominently displayed

  9. Fteja v. Facebook, Inc.

    841 F. Supp. 2d 829 (S.D.N.Y. 2012)   Cited 150 times   4 Legal Analyses
    Holding that, when a consumer is prompted to examine terms of sale located on another page available via hyperlink, "[w]hether or not the consumer bothers to look is irrelevant" because "[f]ailure to read a contract before agreement to its terms does not retrieve a party of its obligations under the contract"

  10. S.Q.K.F.C. v. Bell Atlantic Tricon Leasing

    84 F.3d 629 (2d Cir. 1996)   Cited 218 times
    Holding district court should have dismissed GBL § 349 claim at 12(b) stage on grounds that "a reasonable consumer would not have been misled by [defendant's] conduct"

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,918 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,226 times   408 Legal Analyses
    Holding cellular phones are protected