22 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 times 364 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' "
Roth v. Jennings
489 F.3d 499 (2d Cir. 2007) Cited 1,396 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]"
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
Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.
375 F.3d 168 (2d Cir. 2004) Cited 1,213 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"
Gregory v. Daly
243 F.3d 687 (2d Cir. 2001) Cited 1,112 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"
Perfect 10, Inc. v. Amazon.Com, Inc.
487 F.3d 701 (9th Cir. 2007) Cited 466 times 29 Legal Analyses
Holding that an online image search index was "highly transformative"
Island Software Computer v. Microsoft
413 F.3d 257 (2d Cir. 2005) Cited 308 times
Holding that a district court is “entitled to take judicial notice of . . . federal copyright registrations, as published in the Copyright Office's registry”
Twin Peaks Productions v. Publications Intern
996 F.2d 1366 (2d Cir. 1993) Cited 331 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
Levitt v. Bear Stearns Co., Inc.
340 F.3d 94 (2d Cir. 2003) Cited 128 times
Vacating the dismissal of a complaint against an issuer's clearing agent where the district court failed to ascertain whether plaintiffs had access to facts sufficient to make out a claim of primary liability under § 10(b)
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 344,855 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 14,970 times 47 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"
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,729 times 107 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”
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,788 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"
Section 506 - Criminal offenses
17 U.S.C. § 506 Cited 273 times 13 Legal Analyses
Criminalizing fraudulent use of copyright notice
Section 2323 - Forfeiture, destruction, and restitution
18 U.S.C. § 2323 Cited 79 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

United States of America v. Rojadirecta.org et al

22 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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 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, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"

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"

Holding that an online image search index was "highly transformative"

Holding that a district court is “entitled to take judicial notice of . . . federal copyright registrations, as published in the Copyright Office's registry”

Holding that book containing detailed synopses of episodes of television show "Twin Peaks" would, absent a fair use defense, infringe copyright on television show

Vacating the dismissal of a complaint against an issuer's clearing agent where the district court failed to ascertain whether plaintiffs had access to facts sufficient to make out a claim of primary liability under § 10(b)

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

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

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”

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"

Criminalizing fraudulent use of copyright notice

Authorizing criminal forfeiture of property or proceeds related to a § 2320 offense, under the procedures outlined in 21 U.S.C. 853