68 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 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
Keeton v. Hustler Magazine, Inc.
465 U.S. 770 (1984) Cited 3,101 times 7 Legal Analyses
Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,453 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"
D.H. v. Gottdiener
462 F.3d 95 (2d Cir. 2006) Cited 2,701 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"
Lama Holding Co. v. Smith Barney Inc.
88 N.Y.2d 413 (N.Y. 1996) Cited 2,194 times 3 Legal Analyses
Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim
Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.
375 F.3d 168 (2d Cir. 2004) Cited 1,260 times 3 Legal Analyses
Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"
Mills v. Polar Molecular Corp.
12 F.3d 1170 (2d Cir. 1993) Cited 1,563 times 1 Legal Analyses
Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"
Morris v. Dept. of Taxation
82 N.Y.2d 135 (N.Y. 1993) Cited 1,445 times 4 Legal Analyses
Holding that "piercing the corporate veil requires a showing that: the owners exercised complete domination of the corporation in respect to the transaction attacked; and that such domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff's injury."
Harsco Corp. v. Segui
91 F.3d 337 (2d Cir. 1996) Cited 930 times
Holding denial of a request for additional documents prior to entering into a contract does not support a negligent misrepresentation claim "unless that denial suggested falsely and deceitfully that those documents did not exist"
Denney v. Deutsche Bank AG
443 F.3d 253 (2d Cir. 2006) Cited 617 times 9 Legal Analyses
Holding "no class may be certified that contains members lacking Article III standing"
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 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,178 times 61 Legal Analyses
Specifying prohibited activities
Section 1964 - Civil remedies
18 U.S.C. § 1964 Cited 6,197 times 43 Legal Analyses
Granting civil remedies for RICO violation
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,333 times 6 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
Section 10 - Partnership defined
N.Y. Partnership Law § 10 Cited 114 times 1 Legal Analyses
1. A partnership is an association of two or more persons to carry on as co-owners a business for profit and includes for all purposes of the laws of this state, a registered limited liability partnership. 2. But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the adoption of this chapter; but

Ritchie Capital Management, L.L.C. et al v. Coventry First LLC, et al

68 Cited authorities

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 that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"

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"

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"

Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"

Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"

Holding that "piercing the corporate veil requires a showing that: the owners exercised complete domination of the corporation in respect to the transaction attacked; and that such domination was used to commit a fraud or wrong against the plaintiff which resulted in plaintiff's injury."

Holding denial of a request for additional documents prior to entering into a contract does not support a negligent misrepresentation claim "unless that denial suggested falsely and deceitfully that those documents did not exist"

Holding "no class may be certified that contains members lacking Article III standing"

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

Requiring that fraud be pleaded with particularity

Specifying prohibited activities

Granting civil remedies for RICO violation

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"