142 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 174,901 times   246 Legal Analyses
    Holding that a complaint's allegations must "allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged"
  2. Cohen v. Beneficial Loan Corp.

    337 U.S. 541 (1949)   Cited 6,903 times   7 Legal Analyses
    Holding that § 1291 permits appeals from certain decisions "collateral to[] rights asserted in the action," even when there's no final judgment
  3. Kamen v. Kemper Financial Services, Inc.

    500 U.S. 90 (1991)   Cited 989 times   4 Legal Analyses
    Holding that there is a presumption to apply state law "in areas in which private parties have entered legal relationships with the expectation that their rights and obligations would be governed by state-law standards"
  4. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,467 times   5 Legal Analyses
    Holding that failure to invoke noncompliance with Fed.R.Civ.P. 9(b) as a defense in answering an original complaint did not waive that defense in answering an amended complaint
  5. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 854 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
  6. Brehm v. Eisner

    26 Del. 3 (Del. 2000)   Cited 964 times   9 Legal Analyses
    Holding that the Delaware Supreme Court reviews de novo all demand futility rulings by the Delaware Court of Chancery
  7. Derdiarian v. Felix Contr Co.

    51 N.Y.2d 308 (N.Y. 1980)   Cited 1,723 times
    Holding that the negligence of a driver did not negate a contractor's failure to safeguard an excavation site, and that "[b]ecause questions concerning what is foreseeable and what is normal may be the subject of varying inferences, as is the question of negligence itself, these issues generally are for the fact finder to resolve"
  8. Aronson v. Lewis

    473 A.2d 805 (Del. 1984)   Cited 1,421 times   44 Legal Analyses
    Holding that plaintiff must demonstrate that directors were beholden to controlling person
  9. Rales v. Blasband

    634 A.2d 927 (Del. 1993)   Cited 769 times   25 Legal Analyses
    Holding that three of eight directors were interested parties and that the amended complaint raised a reasonable doubt as to the independence of two remaining directors, making demand futile
  10. Burks v. Lasker

    441 U.S. 471 (1979)   Cited 355 times   2 Legal Analyses
    Holding that the "question whether a cause of action exists is not a question of jurisdiction, and therefore may be assumed without being decided"
  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 19,190 times   23 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  12. Rule 404 - Character Evidence; Crimes or Other Acts

    Fed. R. Evid. 404   Cited 13,360 times   59 Legal Analyses
    Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses
  13. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 12,860 times   50 Legal Analyses
    Listing state law offenses constituting predicate acts
  14. Rule 23.1 - Derivative Actions

    Fed. R. Civ. P. 23.1   Cited 1,588 times   16 Legal Analyses
    Requiring a verified complaint for shareholder derivative suits
  15. Section 1963 - Criminal penalties

    18 U.S.C. § 1963   Cited 1,046 times   6 Legal Analyses
    Requiring the forfeiture of "any interest in . . . any enterprise which the person has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 1962"
  16. Section 1955 - Prohibition of illegal gambling businesses

    18 U.S.C. § 1955   Cited 994 times   7 Legal Analyses
    Defining an illegal gambling business as a gambling enterprise which violates state law, involves five or more persons, and remains in continuous operation for thirty or more days or has gross revenues of $2,000 or more on any single day
  17. Section 80a-35 - Breach of fiduciary duty

    15 U.S.C. § 80a-35   Cited 302 times   6 Legal Analyses
    Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”
  18. Section 1084 - Transmission of wagering information; penalties

    18 U.S.C. § 1084   Cited 269 times   29 Legal Analyses
    Wagering by wire
  19. Section 225.00 - Gambling offenses; definitions of terms

    N.Y. Penal Law § 225.00   Cited 73 times   1 Legal Analyses
    Defining the term advance gambling activity
  20. Section 2-405.1 - Standard of care required of directors

    Md. Code, Corp. & Ass'ns § 2-405.1   Cited 44 times   1 Legal Analyses
    Stating that " director shall perform his duties as a director, including his duties as a member of a committee of the board on which he serves . . . In good faith; In a manner he reasonably believes to be in the best interests of the corporation; and With the care that an ordinarily prudent person in a like position would use under similar circumstances."