35 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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
  2. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,286 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court
  3. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,470 times   45 Legal Analyses
    Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
  4. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,463 times   6 Legal Analyses
    Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
  5. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,832 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
  6. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,420 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
  7. Kirch v. Liberty Media Corp.

    449 F.3d 388 (2d Cir. 2006)   Cited 507 times
    Holding that plaintiffs failed to allege actual breach where plaintiff nowhere asserted that third party actually breached a contract, and refusing to infer from plaintiff's claims that third party “abandoned” and “walked away” from a deal that third party “violated the terms of a contract with [plaintiff] when it did so”
  8. Wall Street Transcript Corp. v. Wainwright Securities, Inc.

    434 U.S. 1014 (1978)   Cited 332 times
    Finding that an amended complaint only supersedes the original complaint when it is effectively served
  9. Kosakow v. New Rochelle Radiology Associates

    274 F.3d 706 (2d Cir. 2001)   Cited 503 times   1 Legal Analyses
    Holding that reasonable factfinder could conclude setting up and testing X-ray processing machine was integral and indispensable because machine must be in its ready-to-use state for patients arriving at start of day
  10. National Basketball Assoc. v. Motorola, Inc.

    105 F.3d 841 (2d Cir. 1997)   Cited 291 times   11 Legal Analyses
    Holding that state law commercial misappropriation claim brought by the NBA against pager service that delivered real-time game scores was preempted, because the allegations supporting the NBA's claim were "virtually synonymous [with] wrongful copying and are in no meaningful fashion distinguishable from infringement of a copyright"
  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 354,229 times   943 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 92,835 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint