37 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 times 280 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 268,629 times 367 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' "
Celle v. Filipino Reporter Enterprises
209 F.3d 163 (2d Cir. 2000) Cited 452 times 4 Legal Analyses
Holding that to recover in libel under New York law, the plaintiff must establish that the defamatory statement was, among other things, published to a third party through the defendant's negligence or actual malice
Guard-Life Corp. v. S. Parker Hardware Manufacturing Corp.
50 N.Y.2d 183 (N.Y. 1980) Cited 722 times 2 Legal Analyses
Holding contracts for an indefinite term are terminable at will, by either party, and are therefore classified as only prospective contractual relations, and thus cannot support a claim for tortious interference with existing contracts
Amaranth v. J.P. Morgan
71 A.D.3d 40 (N.Y. App. Div. 2009) Cited 217 times
Finding that the complaint alleged a tortious interference claim because it contained allegations that a specific business relationship had been harmed
In re Aimster Copyright Litigation
334 F.3d 643 (7th Cir. 2003) Cited 207 times 2 Legal Analyses
Holding that a defendant who "disabled itself from doing anything to prevent infringement" did not reasonably implement a repeat infringer policy
Ruder & Finn Inc. v. Seaboard Surety Co.
52 N.Y.2d 663 (N.Y. 1981) Cited 369 times 3 Legal Analyses
Finding a duty to defend for a federal suit on the basis of the words "false disparagement" contained within a cause of action generally alleging restraint of trade
534 East 11th St. Hous. Dev. Fund Corp. v. Hendrick
90 A.D.3d 541 (N.Y. App. Div. 2011) Cited 142 times
Requiring the defendant to have knowledge of the business relationship
Holy Spirit Assn v. N Y Times
49 N.Y.2d 63 (N.Y. 1979) Cited 193 times 1 Legal Analyses
Holding articles were substantially accurate even though they did not disclose the unverified nature of the information
Wolk v. Kodak Imaging Network, Inc.
840 F. Supp. 2d 724 (S.D.N.Y. 2012) Cited 66 times 3 Legal Analyses
Holding that providing editing tools that some users used to remove watermarks from images did not interfere with "standard technical measures"
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 929 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 512 - Limitations on liability relating to material online
17 U.S.C. § 512 Cited 575 times 186 Legal Analyses
Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"
Section 74 - Privileges in action for libel
N.Y. Civ. Rights Law § 74 Cited 390 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

The Associated Press v. Meltwater U.S. Holdings, Inc. et al

37 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 to recover in libel under New York law, the plaintiff must establish that the defamatory statement was, among other things, published to a third party through the defendant's negligence or actual malice

Holding contracts for an indefinite term are terminable at will, by either party, and are therefore classified as only prospective contractual relations, and thus cannot support a claim for tortious interference with existing contracts

Finding that the complaint alleged a tortious interference claim because it contained allegations that a specific business relationship had been harmed

Holding that a defendant who "disabled itself from doing anything to prevent infringement" did not reasonably implement a repeat infringer policy

Finding a duty to defend for a federal suit on the basis of the words "false disparagement" contained within a cause of action generally alleging restraint of trade

Requiring the defendant to have knowledge of the business relationship

Holding articles were substantially accurate even though they did not disclose the unverified nature of the information

Holding that providing editing tools that some users used to remove watermarks from images did not interfere with "standard technical measures"

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

Denying the safe harbor if the service provider receives "a financial benefit directly attributable to the infringing activity"