22 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,313 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' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,114 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,247 times 5 Legal Analyses
Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
Novak v. Kasaks
216 F.3d 300 (2d Cir. 2000) Cited 1,597 times 9 Legal Analyses
Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false
Brass v. American Film Technologies, Inc.
987 F.2d 142 (2d Cir. 1993) Cited 1,914 times
Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions
Mills v. Polar Molecular Corp.
12 F.3d 1170 (2d Cir. 1993) Cited 1,540 times 1 Legal Analyses
Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"
Caprer v. Nussbaum
36 A.D.3d 176 (N.Y. App. Div. 2006) Cited 410 times 1 Legal Analyses
Holding that the denial of defendant that he knew of the proposed contract provided a prima facie basis for granting him judgment as a matter of law dismissing the claim for tortious interference with prospective business relations
In re Initial Public Offering Securities
241 F. Supp. 2d 281 (S.D.N.Y. 2003) Cited 296 times
Holding that market manipulation creates a duty to disclose
Credit Corp. v. Andersen Co.
65 N.Y.2d 536 (N.Y. 1985) Cited 472 times 3 Legal Analyses
Holding that multiple, direct and substantive communications and personal meetings with the relying customers established a relationship sufficiently approaching privity
Kalisch-Jarcho, Inc. v. City of New York
58 N.Y.2d 377 (N.Y. 1983) Cited 325 times 5 Legal Analyses
Holding that a no damage-for-delay clause would be unenforceable where a party had acted with "bad faith and with deliberate intent"
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,894 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Thomas H. Lee Equity Fund V, L.P. et al v. Grant Thornton LLP

22 Cited authorities

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 a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false

Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions

Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"

Holding that the denial of defendant that he knew of the proposed contract provided a prima facie basis for granting him judgment as a matter of law dismissing the claim for tortious interference with prospective business relations

Holding that market manipulation creates a duty to disclose

Holding that multiple, direct and substantive communications and personal meetings with the relying customers established a relationship sufficiently approaching privity

Holding that a no damage-for-delay clause would be unenforceable where a party had acted with "bad faith and with deliberate intent"

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"