23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. 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
  3. 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]"
  4. Brass v. American Film Technologies, Inc.

    987 F.2d 142 (2d Cir. 1993)   Cited 1,934 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
  5. Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.

    375 F.3d 168 (2d Cir. 2004)   Cited 1,242 times   3 Legal Analyses
    Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"
  6. Gregory v. Daly

    243 F.3d 687 (2d Cir. 2001)   Cited 1,122 times
    Holding that a supervisor's "depriving [plaintiff] of necessary training," among other things, if proven, "establish[ed] that plaintiff was required to endure an environment that objectively was severely and pervasively hostile"
  7. Perfect 10, Inc. v. Amazon.Com, Inc.

    487 F.3d 701 (9th Cir. 2007)   Cited 479 times   29 Legal Analyses
    Holding that an online image search index was "highly transformative"
  8. Island Software Computer v. Microsoft

    413 F.3d 257 (2d Cir. 2005)   Cited 320 times
    Holding that a district court is “entitled to take judicial notice of . . . federal copyright registrations, as published in the Copyright Office's registry”
  9. Twin Peaks Productions v. Publications Intern

    996 F.2d 1366 (2d Cir. 1993)   Cited 333 times   7 Legal Analyses
    Holding that book containing detailed synopses of episodes of television show "Twin Peaks" would, absent a fair use defense, infringe copyright on television show
  10. U.S. v. Daccarett

    6 F.3d 37 (2d Cir. 1993)   Cited 153 times   1 Legal Analyses
    Holding that "an EFT while it takes the form of a bank credit at an intermediary bank is clearly a seizable res under the forfeiture statutes."
  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 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,441 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
  13. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,830 times   108 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
  14. Section 983 - General rules for civil forfeiture proceedings

    18 U.S.C. § 983   Cited 2,832 times   8 Legal Analyses
    Noting that for purposes of the innocent owner defense to civil forfeiture, "no person may assert an ownership interest under this subsection in contraband or other property that it is illegal to possess"
  15. Section 506 - Criminal offenses

    17 U.S.C. § 506   Cited 277 times   13 Legal Analyses
    Criminalizing fraudulent use of copyright notice
  16. Section 2319 - Criminal infringement of a copyright

    18 U.S.C. § 2319   Cited 160 times   7 Legal Analyses
    Relating to criminal infringement of a copyright
  17. Section 2323 - Forfeiture, destruction, and restitution

    18 U.S.C. § 2323   Cited 82 times   1 Legal Analyses
    Authorizing criminal forfeiture of property or proceeds related to a § 2320 offense, under the procedures outlined in 21 U.S.C. 853
  18. Section 2319B - Unauthorized recording of Motion pictures in a Motion picture exhibition facility

    18 U.S.C. § 2319B   Cited 1 times   2 Legal Analyses

    (a) OFFENSE.-Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall- (1) be imprisoned for not more than 3 years, fined under this title, or both; or (2) if the offense is a second or subsequent offense, be imprisoned for no