30 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 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' "
  2. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,880 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
  3. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,826 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"
  4. Allaire Corp. v. Okumus

    433 F.3d 248 (2d Cir. 2006)   Cited 479 times
    Interpreting "establishment" and "liquidation" in § 240.16b-6
  5. Subaru Distributors v. Subaru of America

    425 F.3d 119 (2d Cir. 2005)   Cited 339 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"
  6. 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."
  7. Freedman v. Chemical Constr

    43 N.Y.2d 260 (N.Y. 1977)   Cited 358 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
  8. Snyder v. Bronfman

    2009 N.Y. Slip Op. 8667 (N.Y. 2009)   Cited 103 times
    Holding that § 5-701 makes clear that the Statute of Frauds applies to quantum meruit claims
  9. Gem Advisors, Inc. v. Corporación Sidenor, S.A.

    667 F. Supp. 2d 308 (S.D.N.Y. 2009)   Cited 77 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"
  10. 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."
  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 346,675 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss