17 Cited authorities

Elevator Antitrust v. United Tech
502 F.3d 47 (2d Cir. 2007) Cited 827 times 3 Legal Analyses
Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”
In re TFT-LCD (Flat Panel) Antitrust Litigation
586 F. Supp. 2d 1109 (N.D. Cal. 2008) Cited 119 times 1 Legal Analyses
Holding that the District of Columbia's consumer protection statute is a "comprehensive statute designed to provide procedures and remedies for a broad spectrum of practices which injure consumers", and thus, the plaintiffs could maintain a claim for price fixing (quoting Atwater v. District of Columbia Dep't of Consumer & Reg. Affairs, 566 A.2d 462, 465 (D.C. 1989) )
JBCholdings NY, LLC v. Pakter
931 F. Supp. 2d 514 (S.D.N.Y. 2013) Cited 68 times 5 Legal Analyses
Holding that "an employee 'exceeds authorized access' when he has permission to access certain information on a computer, but accesses other information as to which he lacks permission"
Harris v. NYU Langone Med. Ctr.
12 Civ. 0454 (RA) (JLC) (S.D.N.Y. Jul. 9, 2013) Cited 53 times
Dismissing retaliation claim because the complaint "alleges no facts to suggest that [the plaintiff's] activities, protected or not, motivated [the defendant's] decision not to promote or terminate her"
Morpurgo v. Incorporated Village of Sag Harbor
697 F. Supp. 2d 309 (E.D.N.Y. 2010) Cited 56 times
No. 07-CV-1149 (JS) (AKT). March 5, 2010 Annselm Morpurgo, M.A., Sag Harbor, NY, pro se. David H. Arntsen, Devitt Spellman Barrett, Smithtown, NY, Patrick Brian Fife, Twomey Latham Shea Kelley Dubin Quartararo LLP, Riverhead, NY, Andrew Taras Towner, Caleca and Towner, PC, East Hampton, NY, Wade Thomas Dempsey, Hammill, O'Brien, Croutier, Dempsey, Pender Koehler, Syosset, NY, Nica B. Strunk, Esseks Hefter Angel, Riverhead, NY, Richard A. Spehr, Sharon Alise Sandell, Meyer Brown LLP, New York, NY
Yucyco, Ltd. v. Republic of Slovenia
984 F. Supp. 209 (S.D.N.Y. 1997) Cited 44 times
Granting motions to dismiss because plaintiff "is unable to state a claim against Slovenia. . . . Accordingly, all claims against Slovenia must be dismissed."
Weiszmann v. Kirkland and Ellis
732 F. Supp. 1540 (D. Colo. 1990) Cited 49 times
Dismissing a claim of outrageous conduct where attorneys who allegedly had knowledge of a plaintiff's delicate mental health filed an involuntary bankruptcy petition against the plaintiff
Ochre LLC v. Rockwell Architecture Planning & Design, P.C.
12 Civ. 2837 (KBF) (S.D.N.Y. Dec. 3, 2012) Cited 18 times
12 Civ. 2837 (KBF) 12-03-2012 OCHRE LLC, a New York Limited Liability Corporation, Plaintiff, v. ROCKWELL ARCHITECTURE PLANNING AND DESIGN, P.C., a New York Professional Corporation; PROJECT DYNAMICS, INC., a Delaware Corporation; BRAD H. FRIEDMUTTER-CA, INC., a California Corporation d/b/a FRIEDMUTTER GROUP; NEVADA PROPERTY 1 LLC, A Nevada Limited Liability Corporation and wholly owned subsidiary of DEUTSCHE BANK TRUST COMPANY AMERICAS, Defendants. KATHERINE B. FORREST, District Judge CORRECTED
Druyan v. Jagger
508 F. Supp. 2d 228 (S.D.N.Y. 2007) Cited 15 times
Holding that a reasonable consumer would not be misled into believing that a concert's date and time were guaranteed when the concert ticket states "DATE & TIME ARE SUBJECT TO CHANGE"
AMERICAN SALES COMPANY, INC. v. ASTRAZENECA AB
10 Civ. 6062 (PKC) (S.D.N.Y. Apr. 14, 2011) Cited 6 times
Rejecting a market that only included Prilosec OTC
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 357,835 times 950 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 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. . . ."
Section 1981 - Equal rights under the law
42 U.S.C. § 1981 Cited 38,641 times 262 Legal Analyses
Granting equal rights to "make and enforce contracts" without regard to race

Richards-Donald v. Teachers Insurance and Annuity Association of America-College Retirement Equities Fund

17 Cited authorities

Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”

Holding that "an employee 'exceeds authorized access' when he has permission to access certain information on a computer, but accesses other information as to which he lacks permission"

Dismissing retaliation claim because the complaint "alleges no facts to suggest that [the plaintiff's] activities, protected or not, motivated [the defendant's] decision not to promote or terminate her"

Granting motions to dismiss because plaintiff "is unable to state a claim against Slovenia. . . . Accordingly, all claims against Slovenia must be dismissed."

Dismissing a claim of outrageous conduct where attorneys who allegedly had knowledge of a plaintiff's delicate mental health filed an involuntary bankruptcy petition against the plaintiff

Holding that a reasonable consumer would not be misled into believing that a concert's date and time were guaranteed when the concert ticket states "DATE & TIME ARE SUBJECT TO CHANGE"

Rejecting a market that only included Prilosec OTC

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. . . ."

Granting equal rights to "make and enforce contracts" without regard to race