51 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 261,602 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 274,949 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
United States v. Lanier
520 U.S. 259 (1997) Cited 2,456 times 4 Legal Analyses
Holding that courts should look to prior judicial decisions interpreting a statute in considering whether it is vague
Harris v. Mills
572 F.3d 66 (2d Cir. 2009) Cited 6,843 times
Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process
Cheek v. United States
498 U.S. 192 (1991) Cited 1,089 times 15 Legal Analyses
Holding that a defendant in a criminal tax case can assert a defense of ignorance or misunderstanding of the tax law, leading to "a good-faith belief that he was not violating any of the provisions of the tax laws"
Sony Corp. v. Universal City Studios, Inc.
464 U.S. 417 (1984) Cited 981 times 28 Legal Analyses
Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”
Cortec Indus., Inc. v. Sum Holding L.P.
949 F.2d 42 (2d Cir. 1991) Cited 3,033 times
Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"
Liparota v. United States
471 U.S. 419 (1985) Cited 650 times 1 Legal Analyses
Holding that the Government is not required to "introduce any extraordinary evidence that would conclusively demonstrate petitioner's state of mind .... [but rather] may prove [the defendant's knowledge] by reference to facts and circumstances surrounding the case"
Screws v. United States
325 U.S. 91 (1945) Cited 1,682 times 2 Legal Analyses
Holding that § 1983 does not pertain to the "personal pursuits" of government officials
Passenger Corp. v. Passengers Assn
414 U.S. 453 (1974) Cited 521 times
Finding that statutory construction principles "must yield to clear contrary evidence of legislative intent"
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 355,868 times 945 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,699 times 329 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 2 - Principals
18 U.S.C. § 2 Cited 24,189 times 58 Legal Analyses
Holding aiders and abettors punishable as principals under federal criminal law
Section 371 - Conspiracy to commit offense or to defraud United States
18 U.S.C. § 371 Cited 21,782 times 142 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,472 times 175 Legal Analyses
Recognizing the United States' adherence to provisions of the Berne Convention of 1886
Section 981 - Civil forfeiture
18 U.S.C. § 981 Cited 3,810 times 33 Legal Analyses
Adopting 19 U.S.C. § 1602 et seq.
Section 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,671 times 57 Legal Analyses
Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,840 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 277 times 13 Legal Analyses
Criminalizing fraudulent use of copyright notice
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

United States of America v. Rojadirecta.org et al

51 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 courts should look to prior judicial decisions interpreting a statute in considering whether it is vague

Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

Holding that a defendant in a criminal tax case can assert a defense of ignorance or misunderstanding of the tax law, leading to "a good-faith belief that he was not violating any of the provisions of the tax laws"

Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

Holding that the Government is not required to "introduce any extraordinary evidence that would conclusively demonstrate petitioner's state of mind .... [but rather] may prove [the defendant's knowledge] by reference to facts and circumstances surrounding the case"

Holding that § 1983 does not pertain to the "personal pursuits" of government officials

Finding that statutory construction principles "must yield to clear contrary evidence of legislative intent"

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

Requiring that fraud be pleaded with particularity

Holding aiders and abettors punishable as principals under federal criminal law

Requiring proof of an "act to effect the object of the conspiracy"

Recognizing the United States' adherence to provisions of the Berne Convention of 1886

Adopting 19 U.S.C. § 1602 et seq.

Holding that a copyright infringer may be liable for "the copyright owner's actual damages and any additional profits of the infringer"

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

Relating to criminal infringement of a copyright