40 Cited authorities

  1. 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
  2. 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
  3. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,947 times   510 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  4. McDonnell Douglas Corp. v. Green

    411 U.S. 792 (1973)   Cited 53,320 times   96 Legal Analyses
    Holding in employment discrimination case that statistical evidence of employer's general policy and practice may be relevant circumstantial evidence of discriminatory intent behind individual employment decision
  5. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,494 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
  6. DiFolco v. MSNBC Cable L.L.C.

    622 F.3d 104 (2d Cir. 2010)   Cited 2,524 times
    Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"
  7. Hayden v. Paterson

    594 F.3d 150 (2d Cir. 2010)   Cited 1,668 times
    Holding that the race-neutral reenactment of a state constitution's felon disenfranchisement provision erased the discriminatory taint of earlier enactments
  8. Barnett Bank of Marion County, N.A. v. Nelson

    517 U.S. 25 (1996)   Cited 493 times   27 Legal Analyses
    Holding that a federal statute permitting banks to act as agents of insurance companies, although not insurers themselves, was a statute regulating the "business of insurance" for McCarran-Ferguson purposes
  9. Brass v. American Film Technologies, Inc.

    987 F.2d 142 (2d Cir. 1993)   Cited 1,971 times
    Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions
  10. People v. Sandoval

    34 N.Y.2d 371 (N.Y. 1974)   Cited 2,538 times   2 Legal Analyses
    Holding that the trial court must balance the "probative worth of evidence of prior specific criminal, vicious or immoral acts on the issue of the defendant's credibility on the one hand, and on the other the risk of unfair prejudice to the defendant"
  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 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
  12. 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. . . ."
  13. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 36,209 times   1254 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,751 times   26 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."
  15. Section 160.50 - Order upon termination of criminal action in favor of the accused

    N.Y. Crim. Proc. Law § 160.50   Cited 1,470 times
    In CPL 160.50(1)(d), the legislature identified a restricted list of six exceptions to the sealing mandate's prohibition on access, including (d)(ii), relied upon by the People here.
  16. Section 155.25 - Petit larceny

    N.Y. Penal Law § 155.25   Cited 771 times   1 Legal Analyses
    Defining "petit larceny"
  17. Section 24 - Corporate powers of associations

    12 U.S.C. § 24   Cited 667 times   45 Legal Analyses
    Authorizing banks "[t]o exercise . . . all such incidental powers as shall be necessary to carry on the business of banking; by discounting and negotiating promissory notes, drafts, bills of exchange, and other evidences of debt . . . and by obtaining, issuing, and circulating notes"
  18. Section 1813 - Definitions

    12 U.S.C. § 1813   Cited 381 times   28 Legal Analyses
    Defining "State bank supervisor" as state officer, agency, or other entity with primary regulatory authority over state banks
  19. Section 170.55 - Adjournment in contemplation of dismissal

    N.Y. Crim. Proc. Law § 170.55   Cited 235 times

    1. Upon or after arraignment in a local criminal court upon an information, a simplified information, a prosecutor's information or a misdemeanor complaint, and before entry of a plea of guilty thereto or commencement of a trial thereof, the court may, upon motion of the people or the defendant and with the consent of the other party, or upon the court's own motion with the consent of both the people and the defendant, order that the action be "adjourned in contemplation of dismissal," as prescribed

  20. Section 1829 - Penalty for unauthorized participation by convicted individual

    12 U.S.C. § 1829   Cited 54 times   19 Legal Analyses
    Stating that any person who enters into a "pretrial diversion or similar program" in connection with a crime involving dishonesty is prohibited from, inter alia, holding a position as a director of an FDIC insured depository institutions without prior approval from the FDIC
  21. Section 50.12 - Exchange of FBI identification records

    28 C.F.R. § 50.12   Cited 7 times

    (a) The Federal Bureau of Investigation, hereinafter referred to as the FBI, is authorized to expend funds for the exchange of identification records with officials of federally chartered or insured banking institutions to promote or maintain the security of those institutions and, if authorized by state statute and approved by the Director of the FBI, acting on behalf of the Attorney General, with officials of state and local governments for purposes of employment and licensing, pursuant to section