29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,484 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,331 times 365 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' "
Church of Scientology of California v. United States
506 U.S. 9 (1992) Cited 1,594 times 1 Legal Analyses
Holding that an appeal concerning produced tape recordings was not moot because a court could "effectuate a partial remedy by ordering the [receiving party] to destroy" copies of the recordings
Baxter v. Palmigiano
425 U.S. 308 (1976) Cited 2,606 times 8 Legal Analyses
Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference
Nowak v. Ironworkers Local 6 Pension Fund
81 F.3d 1182 (2d Cir. 1996) Cited 1,152 times
Holding that the court, "having presided over the case since April 6, 1994, and having dismissed Nowak's federal claim only nine days before it was set for trial, acted well within his discretion in exercising supplemental jurisdiction over Nowak's related state causes of action"
Savino v. Computer Credit, Inc.
164 F.3d 81 (2d Cir. 1998) Cited 511 times
Holding that the language at issue in that case was insufficient under the FDCPA, and proposing as an acceptable alternative the following notice: "Although we have requested that you make immediate payment or provide a valid reason for nonpayment, you still have the right to make a written request . . . for more information about the debt. Your rights are described on the reverse side of this notice."
Indianapolis School Comm'rs v. Jacobs
420 U.S. 128 (1975) Cited 298 times
Holding that a class action is moot unless it was duly certified pursuant to Rule 23 and a controversy still exists between the present members of the class and the defendant
Fox v. Bd., Trustees of St. University of N.Y
42 F.3d 135 (2d Cir. 1994) Cited 313 times
Holding that former college students' section 1983 claims seeking prospective relief from university's policy were moot, as court "could provide no legally cognizable benefits to [them] once they had left the [university]," whether by graduation or otherwise
Briehl v. General Motors Corp.
172 F.3d 623 (8th Cir. 1999) Cited 263 times 3 Legal Analyses
Holding that a breach of warranty claim for a defective anti-lock brake system was properly dismissed because the brakes functioned properly in the Plaintiff's experience
Comer v. Cisneros
37 F.3d 775 (2d Cir. 1994) Cited 282 times
Holding that equal protection claimants had standing where they were denied "the missed opportunity" to compete for suburban housing on "an equal footing"
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 346,675 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 48,543 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,993 times 1236 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"
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,120 times 65 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices
Section 2 - Judicial Power and Jurisdiction
U.S. Const. art. III, § 2 Cited 10,540 times 4 Legal Analyses
Granting federal courts power only to resolve “cases” and “controversies”
Rule 68 - Offer of Judgment
Fed. R. Civ. P. 68 Cited 3,854 times 163 Legal Analyses
Granting costs incurred after plaintiff rejected less favorable offer by defendant

Suquilanda v. Cohen & Slamowitz, LLP et al

29 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that an appeal concerning produced tape recordings was not moot because a court could "effectuate a partial remedy by ordering the [receiving party] to destroy" copies of the recordings

Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference

Holding that the court, "having presided over the case since April 6, 1994, and having dismissed Nowak's federal claim only nine days before it was set for trial, acted well within his discretion in exercising supplemental jurisdiction over Nowak's related state causes of action"

Holding that a class action is moot unless it was duly certified pursuant to Rule 23 and a controversy still exists between the present members of the class and the defendant

Holding that former college students' section 1983 claims seeking prospective relief from university's policy were moot, as court "could provide no legally cognizable benefits to [them] once they had left the [university]," whether by graduation or otherwise

Holding that a breach of warranty claim for a defective anti-lock brake system was properly dismissed because the brakes functioned properly in the Plaintiff's experience

Holding that equal protection claimants had standing where they were denied "the missed opportunity" to compete for suburban housing on "an equal footing"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

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"

Holding debt collectors civilly liable for illicit debt collection practices

Granting federal courts power only to resolve “cases” and “controversies”

Granting costs incurred after plaintiff rejected less favorable offer by defendant