37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. L-7 Designs, Inc. v. Old Navy, LLC

    647 F.3d 419 (2d Cir. 2011)   Cited 1,211 times   2 Legal Analyses
    Holding that on a motion for judgment on the pleadings, a court may, in addition to the complaint itself, consider "any written instrument attached to it as an exhibit, materials incorporated in it by reference, and documents that, although not incorporated by reference, are ‘integral to the complaint"
  4. Nakahata v. N.Y.-Presbyterian Healthcare Sys., Inc.

    723 F.3d 192 (2d Cir. 2013)   Cited 603 times   3 Legal Analyses
    Holding "[a]llegations of fraud are subject to a heightened pleading standard"
  5. Jones v. Goord

    435 F. Supp. 2d 221 (S.D.N.Y. 2006)   Cited 77 times
    Holding that general increase in risk from double celling "cannot in and of itself violate the Constitution; otherwise double-celling would be unconstitutional per se, or would be constitutional only if cellmates never assaulted each other"
  6. Benton v. Adams

    56 P.3d 81 (Colo. 2002)   Cited 60 times
    Holding that an "original proceeding is not a substitute for an appeal, but we may act to exercise our discretionary jurisdiction under C.A.R. 21 when an adverse procedural ruling significantly impairs a party's ability to litigate the controversy"
  7. W.G. v. Senatore

    18 F.3d 60 (2d Cir. 1994)   Cited 74 times
    Holding that court lacked authority to consider merits of fee application under IDEA fee shifting provision where it lacked subject matter jurisdiction over the substantive claim
  8. In re Kimmel

    378 B.R. 630 (B.A.P. 9th Cir. 2007)   Cited 34 times

    BAP No. NC-07-1152-DMkK, Bankruptcy No. 93-33089, Adversar No. 06-03169. Argued and Submitted on September 19, 2007. Filed: November 8, 2007. Maxwell Keith, Law Offices of Maxwell Keith, San Francisco, CA, for William B. Rooz. John G. Warner, Corte Madera, CA, for Roberta Kimmel. Before: DUNN, MARKELL and KLEIN, Bankruptcy Judges. OPINION DUNN, Bankruptcy Judge.Page 2 This appeal turns on the meaning of the community property discharge under 11 U.S.C. § 524(a)(3). The bankruptcy court ruled that

  9. Bank of New York v. Bank of America

    853 F. Supp. 736 (S.D.N.Y. 1994)   Cited 51 times
    Holding that diversity jurisdiction can be found pursuant to 1332 even if the major parties on opposite sides of an action are citizens of foreign nations, provided there are citizen parties of diverse citizenship whose presence in the suit goes beyond "window dressing"
  10. Overview Books, LLC v. United States

    438 F. App'x 31 (2d Cir. 2011)   Cited 25 times
    Concluding that the final factor was satisfied where the prior court's resolution of the issue "was not mere dicta; it was a necessary element of the court's conclusion"
  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 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,180 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,272 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
  15. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 40,798 times   57 Legal Analyses
    Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"
  16. Section 362 - Automatic stay

    11 U.S.C. § 362   Cited 29,517 times   175 Legal Analyses
    Concluding that cause exists to lift the stay because no bankruptcy purpose would be served by keeping the stay in place
  17. Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

    11 U.S.C. § 544   Cited 8,200 times   60 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"
  18. Section 1452 - Removal of claims related to bankruptcy cases

    28 U.S.C. § 1452   Cited 2,578 times   14 Legal Analyses
    Granting removal power to any “party” in a bankruptcy case
  19. Section 503 - Venue based on residence

    N.Y. C.P.L.R. § 503   Cited 930 times   2 Legal Analyses
    Noting that venue is proper in the county of residence of any party
  20. Section 278 - Extinguishment of claim for relief

    N.Y. Debt. & Cred. Law § 278   Cited 275 times
    Allowing creditors to pursue fraudulent conveyance claims "as against any person except a purchaser for fair consideration without knowledge of the fraud at the time of the purchase"