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Sang v. Hai et al

MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document

82 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,621 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,046 times   368 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

  3. Milkovich v. Lorain Journal

    497 U.S. 1 (1990)   Cited 1,735 times   13 Legal Analyses
    Holding that a statement that implies a false assertion of fact may be actionable even if it is couched as a statement of opinion

  4. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,420 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"

  5. Mills v. Polar Molecular Corp.

    12 F.3d 1170 (2d Cir. 1993)   Cited 1,555 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"

  6. Howell v. New York Post Co.

    81 N.Y.2d 115 (N.Y. 1993)   Cited 1,460 times
    Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."

  7. Carvel Corp. v. Noonan

    3 N.Y.3d 182 (N.Y. 2004)   Cited 773 times   2 Legal Analyses
    Holding that the alleged tortfeasor "was not acting solely to hurt" the alleged victim because it was acting in its "normal economic self-interest" and had indicated that it "was completely indifferent" to the plaintiff's fate

  8. Salinger v. Colting

    607 F.3d 68 (2d Cir. 2010)   Cited 615 times   7 Legal Analyses
    Holding that eBay applies “with equal force” to preliminary injunctions in copyright cases

  9. Dillon v. City of New York

    261 A.D.2d 34 (N.Y. App. Div. 1999)   Cited 870 times   2 Legal Analyses
    Holding that "[d]efamation has long been recognized to arise from the making of a false statement which tends to expose the plaintiff to public contempt, ridicule, aversion or disgrace, or induce an evil opinion of him in the minds of right-thinking persons, and to deprive him of their friendly intercourse in society."

  10. Liberman v. Gelstein

    80 N.Y.2d 429 (N.Y. 1992)   Cited 1,017 times   5 Legal Analyses
    Holding an interloper's statements to the party (potentially slanderous per se because "tend[ing] to injure [the counter-party] in his or her trade, business or profession") could subject the interloper to liability for tortious interference if the party declined to proceed with the transaction on that basis

  11. 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 354,767 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section R3211 - Motion to dismiss

    N.Y. C.P.L.R. § 3211   Cited 38,875 times   3 Legal Analyses
    Granting dismissal where a defense is based upon documentary evidence

  13. Section 602 - Consolidation

    N.Y. CPLR 602   Cited 1,724 times

    (a) Generally. When actions involving a common question of law or fact are pending before a court, the court, upon motion, may order a joint trial of any or all the matters in issue, may order the actions consolidated, and may make such other orders concerning proceedings therein as may tend to avoid unnecessary costs or delay. (b) Cases pending in different courts. Where an action is pending in the supreme court it may, upon motion, remove to itself an action pending in another court and consolidate

  14. Section 50 - Right of privacy

    N.Y. Civ. Rights Law § 50   Cited 535 times   9 Legal Analyses

    A person, firm or corporation that uses for advertising purposes, or for the purposes of trade, the name, portrait , picture, likeness, or voice of any living person without having first obtained the written consent of such person, or if a minor of such minor's parent or guardian, is guilty of a misdemeanor. N.Y. Civ. Rights Law § 50 Amended by New York Laws 2024, ch. 58,Sec. MM-A-1, eff. 4/20/2024.

  15. Section 74 - Privileges in action for libel

    N.Y. Civ. Rights Law § 74   Cited 394 times   4 Legal Analyses

    A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published. This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding