Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

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

In re Aimster Copyright Litigation

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

Holy Spirit Assn v. N Y Times

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

Kelly v. Schmidberger

Holding inapplicable New York's C.P.L.R. § 3016 to federal court exercising pendant jurisdiction in defamation action

Daniel Goldreyer, Ltd. v. Van De Wetering

Holding that trial court should have dismissed as a matter of law a defamation claim directed to a statement in an art review that "does not have a precise meaning, cannot be objectively characterized as true or false, appears in an immediate context, the ‘Art’ section of defendant Time Magazine, where the average person would understand it as, or expect to find, expression of opinion or personal taste, and appears in a broader context of the public debate over the artistic merit of the restoration."

Freeze Right Refrigeration & Air Conditioning Services, Inc. v. City of New York

Holding that publication of an article by the New York Times concerning an investigation by the New York City Department of Consumer Affairs into the practices of air conditioning repair shops was protected

In re Aimster Copyright Litigation

In Aimster, the district court held that Aimster did not reasonably implement its stated repeat infringer policy because "the encryption on Aimster renders it impossible to ascertain which users are transferring which files."

Dodds v. American Broadcasting Company, Inc.

Holding the plaintiff was required to show that the defendant "intended to convey the defamatory implication" and noting "all the courts of appeal that have considered cases involving defamation by implication have imposed a similar actual intent requirement"

Dworin v. Deutsch

Explaining that "both the opinion and the facts upon which it is based are false," and therefore, "the opinion and facts may form the basis of a defamation claim"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Section 512 - Limitations on liability relating to material online

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