30 Cited authorities

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
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,947 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
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"
Allaire Corp. v. Okumus
433 F.3d 248 (2d Cir. 2006) Cited 483 times
Interpreting "establishment" and "liquidation" in § 240.16b-6
Subaru Distributors v. Subaru of America
425 F.3d 119 (2d Cir. 2005) Cited 343 times
Holding that a contract's requiring a party "to appoint sub-distributors does not, as a matter of law, make the sub-distributors intended beneficiaries"
Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group plc
93 N.Y.2d 229 (N.Y. 1999) Cited 195 times
In Aegis Group, the Court of Appeals corrected the Second Circuit's statement that "[the Court of Appeals] has recognized a parallel judicially-created part performance exception to [N.Y. Gen. Oblig. Law] § 5-701" and clarified that "[it had] not in fact adopted that proposition."
Freedman v. Chemical Constr
43 N.Y.2d 260 (N.Y. 1977) Cited 359 times
Holding § 5-701 did not bar an oral agreement where no provision in the agreement directly or indirectly regulated the time for performance, despite the extreme unlikelihood of its completion within one year
Snyder v. Bronfman
2009 N.Y. Slip Op. 8667 (N.Y. 2009) Cited 105 times
Holding that § 5-701 makes clear that the Statute of Frauds applies to quantum meruit claims
Gem Advisors, Inc. v. Corporación Sidenor, S.A.
667 F. Supp. 2d 308 (S.D.N.Y. 2009) Cited 80 times
Finding personal jurisdiction via agency where plaintiff alleged non-resident principal "stood to benefit from [its agent's] actions and contracts by receiving some or all of the sale price"
Zeising v. Kelly
152 F. Supp. 2d 335 (S.D.N.Y. 2001) Cited 74 times
Finding "the requirement that there be a provision in the agreement for the sharing of profits and losses . . . [a]n indispensable essential of a contract of partnership."
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

Transition Investments, Inc. v. The Allen O. Dragge, Jr. Family Trust et al

30 Cited authorities

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

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

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"

Interpreting "establishment" and "liquidation" in § 240.16b-6

Holding that a contract's requiring a party "to appoint sub-distributors does not, as a matter of law, make the sub-distributors intended beneficiaries"

In Aegis Group, the Court of Appeals corrected the Second Circuit's statement that "[the Court of Appeals] has recognized a parallel judicially-created part performance exception to [N.Y. Gen. Oblig. Law] § 5-701" and clarified that "[it had] not in fact adopted that proposition."

Holding § 5-701 did not bar an oral agreement where no provision in the agreement directly or indirectly regulated the time for performance, despite the extreme unlikelihood of its completion within one year

Holding that § 5-701 makes clear that the Statute of Frauds applies to quantum meruit claims

Finding personal jurisdiction via agency where plaintiff alleged non-resident principal "stood to benefit from [its agent's] actions and contracts by receiving some or all of the sale price"

Finding "the requirement that there be a provision in the agreement for the sharing of profits and losses . . . [a]n indispensable essential of a contract of partnership."

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