Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,156 times 279 Legal AnalysesHolding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
The Bremen v. Zapata Off-Shore Co.
407 U.S. 1 (1972) Cited 4,537 times 41 Legal AnalysesHolding that courts should enforce a choice-of-law clause when it is part of a "freely negotiated private international agreement"
Carnival Cruise Lines, Inc. v. Shute
499 U.S. 585 (1991) Cited 1,944 times 8 Legal AnalysesHolding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"
Cortec Indus., Inc. v. Sum Holding L.P.
949 F.2d 42 (2d Cir. 1991) Cited 2,961 timesHolding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"
Holmes v. Grubman
568 F.3d 329 (2d Cir. 2009) Cited 807 timesAffirming order denying leave to amend after scheduling order deadline because "[t]he record [wa]s devoid of evidence supporting plaintiffs' contention that good cause existed for the District Court to modify its scheduling order"
Rapps v. Jackson
503 U.S. 960 (1992) Cited 339 timesHolding that although the court declined to consider a stock purchase agreement, offering memorandum and warrant on a Rule 12(b) motion to dismiss, it could have viewed them without converting that motion into one for summary judgment where the non-moving party had notice of these documents because they were either in their possession or they had used them in bringing the action
Allen v. Westpoint-Pepperell, Inc.
945 F.2d 40 (2d Cir. 1991) Cited 781 timesHolding that a court may rescind a release agreement "where it finds either mutual mistake or one party's unilateral mistake coupled with some fraud . . . of the other party"
De Jesus v. Sears, Roebuck & Co.
87 F.3d 65 (2d Cir. 1996) Cited 486 timesHolding that it is appropriate to deny leave to amend "when a party has been given ample prior opportunity to allege a claim"
Lee v. Bankers Trust Co.
166 F.3d 540 (2d Cir. 1999) Cited 300 timesHolding that, pursuant to the Act, a bank was immune from defamation claim brought by its former managing director on the ground that the bank allegedly reported that he had transferred unclaimed accounts to the bank instead of allowing it to escheat to the state
Boilermakers Local 154 Ret. Fund v. Chevron Corp.
73 A.3d 934 (Del. Ch. 2013) Cited 97 times 83 Legal AnalysesUpholding statutory validity of forum selection bylaw
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 346,341 times 923 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 19,518 times 10 Legal AnalysesHolding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
Section 109 - Bylaws
Del. Code tit. 8 § 109 Cited 67 times 22 Legal AnalysesGranting stockholders the right to adopt, amend or repeal bylaws