42 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,983 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
Anza v. Ideal Steel Supply Corp.
547 U.S. 451 (2006) Cited 876 times 5 Legal Analyses
Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices
D.H. v. Gottdiener
462 F.3d 95 (2d Cir. 2006) Cited 2,768 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"
Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.
375 F.3d 168 (2d Cir. 2004) Cited 1,264 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 1,568 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"
Harsco Corp. v. Segui
91 F.3d 337 (2d Cir. 1996) Cited 934 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"
Bridgestone/Firestone, Inc. v. Recovery Credit Services., Inc.
98 F.3d 13 (2d Cir. 1996) Cited 739 times
Holding that intraparty fees are not indemnified where the indemnification clause is not "unmistakably clear" that it covers attorneys' fees in a breach-of-contract action and "may easily be read as limited to third party actions"
Simler v. Conner
372 U.S. 221 (1963) Cited 534 times
Holding declaratory judgment action by client wherein client challenged the enforceability of a contingent fee retainer agreement "was in its basic character a suit to determine and adjudicate the amount of fees owing to a lawyer by a client under a contingent fee retainer contract, a traditionally `legal' action"
Wallace v. Wood
752 A.2d 1175 (Del. Ch. 1999) Cited 357 times 1 Legal Analyses
Holding that limited partners did not state a cognizable claim to the veil of their partnership
Ouaknine v. MacFarlane
897 F.2d 75 (2d Cir. 1990) Cited 366 times
Holding that, to state a claim under Section 1962, a plaintiff must allege injury stemming from the investment of racketeering income itself, not solely from the predicate acts
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,275 times 61 Legal Analyses
Specifying prohibited activities
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,366 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"

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

42 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 a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

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, 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 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 that intraparty fees are not indemnified where the indemnification clause is not "unmistakably clear" that it covers attorneys' fees in a breach-of-contract action and "may easily be read as limited to third party actions"

Holding that limited partners did not state a cognizable claim to the veil of their partnership

Holding that, to state a claim under Section 1962, a plaintiff must allege injury stemming from the investment of racketeering income itself, not solely from the predicate acts

Specifying prohibited activities

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"