95 Cited authorities

  1. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,504 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  2. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,679 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”
  3. Equal Emp't Opportunity Comm'n v. Waffle House, Inc.

    534 U.S. 279 (2002)   Cited 1,523 times   15 Legal Analyses
    Holding that a private arbitration agreement between an employee and an employer could not bind a nonparty governmental agency, the EEOC, and thus that the agreement—which was enforceable against the employee under the Federal Arbitration Act—did not limit the types of remedies the agency could seek in an enforcement action it initiated under Title VII
  4. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,701 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
  5. Copperweld Corp. v. Independence Tube Corp.

    467 U.S. 752 (1984)   Cited 1,464 times   29 Legal Analyses
    Holding that a parent and a wholly owned subsidiary have a "complete unity of interest" because "their objectives are common" and "their general corporate actions are guided or determined not by two separate corporate consciousness, but one"
  6. D.H. v. Gottdiener

    462 F.3d 95 (2d Cir. 2006)   Cited 2,786 times   1 Legal Analyses
    Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"
  7. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,243 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
  8. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 1,187 times   4 Legal Analyses
    Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity
  9. Metropolitan Life Ins. v. Robertson-Ceco Corp.

    84 F.3d 560 (2d Cir. 1996)   Cited 1,440 times
    Holding that district court committed reversible error by limiting timeframe of analysis to the single year prior to the filing of the action
  10. Whitaker v. American Telecasting, Inc.

    261 F.3d 196 (2d Cir. 2001)   Cited 953 times   1 Legal Analyses
    Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."
  11. 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 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section R3211 - Motion to dismiss

    N.Y. C.P.L.R. § 3211   Cited 39,609 times   3 Legal Analyses
    Granting dismissal where a defense is based upon documentary evidence
  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,292 times   61 Legal Analyses
    Specifying prohibited activities
  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,244 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  16. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,244 times   43 Legal Analyses
    Granting civil remedies for RICO violation
  17. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,765 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."
  18. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,602 times
    Codifying caselaw that incorporates "doing business" standard
  19. Section R3015 - Particularity as to specific matters

    N.Y. C.P.L.R. § 3015   Cited 413 times

    (a) Conditions precedent. The performance or occurrence of a condition precedent in a contract need not be pleaded. A denial of performance or occurrence shall be made specifically and with particularity. In case of such denial, the party relying upon the performance or occurrence shall be required to prove on the trial only such performance or occurrence as shall have been so specified. (b) Corporate status. Where any party is a corporation, the complaint shall so state and, where known, it shall

  20. Section 1304 - Application for authority; contents

    N.Y. Bus. Corp. Law § 1304   Cited 83 times   2 Legal Analyses
    Requiring a foreign corporation to designate the Secretary of State "as its agent upon whom process against it may be served," in order to do business in the state