Flagg Bros., Inc. v. Brooks
436 U.S. 149 (1978) Cited 3,674 times 1 Legal AnalysesHolding that the defendant warehouseman's sale of goods pursuant to a statute authorizing self-help was not state action
Cornelius v. Naacp Legal Defense Ed. Fund
473 U.S. 788 (1985) Cited 1,576 timesHolding that a charitable fundraising drive conducted in a federal workplace was a nonpublic forum
International Soc. for Krishna Consciousness v. Lee
505 U.S. 672 (1992) Cited 606 times 3 Legal AnalysesHolding that speech restrictions in nonpublic fora must be viewpoint-neutral
Pani v. Empire Blue Cross Blue Shield
152 F.3d 67 (2d Cir. 1998) Cited 990 timesHolding that a private insurance company, acting as fiscal intermediary or carrier on behalf of the United States in administration of a Medicare program, was entitled to official immunity from suit for claims that arise out of performance of its duty to investigate and report possible Medicare fraud and rejecting the argument that the denial of immunity in Richardson v. McKnight, 521 U.S. 399, 117 S.Ct. 2100, 138 L.Ed.2d 540, supported the denial of immunity to those private entities that act "on behalf of the [government] in carrying out certain administrative responsibilities that the law imposes"
Vermont Teddy Bear Co. v. 538 Madison Realty Co.
1 N.Y.3d 470 (N.Y. 2004) Cited 685 times 1 Legal AnalysesFinding no intent to add terms where sophisticated parties could have added a term, but failed to do so
Lloyd Corp. v. Tanner
407 U.S. 551 (1972) Cited 466 times 4 Legal AnalysesHolding that a private shopping center did not violate the First Amendment by prohibiting the distribution of handbills on its property
Evans v. Newton
382 U.S. 296 (1966) Cited 568 timesHolding that "the public character of this park requires that it be treated as a public institution subject to the command of the Fourteenth Amendment, regardless of who now has title under state law"
Brown v. State of New York
89 N.Y.2d 172 (N.Y. 1996) Cited 576 timesHolding that award of damages for constitutional tort was necessary where injunctive remedies “all fall short”
Missere v. Gross
826 F. Supp. 2d 542 (S.D.N.Y. 2011) Cited 107 timesHolding that the plaintiff failed to demonstrate an entitlement to use their property as a restaurant
Friends of Van Cortland Park, v. City of New York
95 N.Y.2d 623 (N.Y. 2001) Cited 79 timesAlienating parkland "requires the direct and specific approval of the State Legislature, plainly conferred"
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 354,229 times 943 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss