42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,203 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 268,949 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' "
Masson v. New Yorker Magazine, Inc.
501 U.S. 496 (1991) Cited 1,418 times 3 Legal Analyses
Holding that "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"
Cleveland v. Caplaw Enters.
448 F.3d 518 (2d Cir. 2006) Cited 962 times 2 Legal Analyses
Holding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings
Carvel Corp. v. Noonan
3 N.Y.3d 182 (N.Y. 2004) Cited 760 times 2 Legal Analyses
Holding that to support a claim for tortious interference, a plaintiff may show either that the defendant's conduct was for the sole purpose of inflicting intentional harm on the plaintiff or amounted to "a crime or an independent tort"
Foster v. Churchill
87 N.Y.2d 744 (N.Y. 1996) Cited 629 times
Holding that acts in furtherance of an economic interest defeat claims for tortious interference with a contract
White Plains v. Cintas Core
2007 N.Y. Slip Op. 3591 (N.Y. 2007) Cited 350 times 2 Legal Analyses
Holding that economic interest defense is available, inter alia, "where defendants were significant stockholders in the breaching party's business; where defendant and the breaching party had a parent-subsidiary relationship; where defendant was the breaching party's creditor; and where the defendant had a managerial contract with the breaching party at the time defendant induced the breach of contract with plaintiff."
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
Immuno Ag. v. Moor-Jankowski
77 N.Y.2d 235 (N.Y. 1991) Cited 375 times
Holding that the New York State Constitution independently provides protection for statements of opinion greater than those required by the First Amendment
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
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 348,503 times 930 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

42 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 "plaintiff must demonstrate that the author in fact entertained serious doubts as to the truth of his publication"

Holding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings

Holding that to support a claim for tortious interference, a plaintiff may show either that the defendant's conduct was for the sole purpose of inflicting intentional harm on the plaintiff or amounted to "a crime or an independent tort"

Holding that acts in furtherance of an economic interest defeat claims for tortious interference with a contract

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

Holding that the New York State Constitution independently provides protection for statements of opinion greater than those required by the First Amendment

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

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"