16 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,319 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Usher v. City of Los Angeles
828 F.2d 556 (9th Cir. 1987) Cited 2,139 times
Holding that plaintiffs significantly prejudiced where effect of new rule is to shorten limitations period such that they have no opportunity to follow new rule
Small v. Lorillard Tobacco Co.
94 N.Y.2d 43 (N.Y. 1999) Cited 709 times 7 Legal Analyses
Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
James v. City of Dall.
254 F.3d 551 (5th Cir. 2001) Cited 243 times
Seeking removal of liens and the clearing of titles
In re Dynamic Random Access Memory Antitrust Litigation
536 F. Supp. 2d 1129 (N.D. Cal. 2008) Cited 80 times 1 Legal Analyses
Finding that a claim under New York's consumer protection statute "should be assessed with reference to AGC factors"
Scalp Blade, Inc., v. Advest, Inc.
281 A.D.2d 882 (N.Y. App. Div. 2001) Cited 49 times
Holding that § 349 applies to securities transactions
Cassirer v. Kingdom of Spain
580 F.3d 1048 (9th Cir. 2009) Cited 26 times
Noting that claims under the Foreign Sovereign Immunities Act, like under the ATS, "depend on the law of nations to define the substantive rights embodied in any cause of action"
Gray v. Seaboard Securities, Inc.
14 A.D.3d 852 (N.Y. App. Div. 2005) Cited 30 times
Holding that suit against broker for failing to provide investment advice was “ancillary to securities transaction” and did not state a claim under GBL § 349
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 361,353 times 960 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 163,831 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 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 4,981 times 111 Legal Analyses
Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

Roling v. E*Trade Securities LLC

16 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that plaintiffs significantly prejudiced where effect of new rule is to shorten limitations period such that they have no opportunity to follow new rule

Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"

Seeking removal of liens and the clearing of titles

Finding that a claim under New York's consumer protection statute "should be assessed with reference to AGC factors"

Holding that § 349 applies to securities transactions

Noting that claims under the Foreign Sovereign Immunities Act, like under the ATS, "depend on the law of nations to define the substantive rights embodied in any cause of action"

Holding that suit against broker for failing to provide investment advice was “ancillary to securities transaction” and did not state a claim under GBL § 349

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 "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"