51 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,951 times 280 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 268,707 times 367 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' "
United States v. Lanier
520 U.S. 259 (1997) Cited 2,410 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 6,617 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 1,077 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 970 times 27 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 2,978 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 643 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 1,666 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 520 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 348,231 times 929 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 39,089 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 2 - Principals
18 U.S.C. § 2 Cited 23,920 times 57 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 21,528 times 140 Legal Analyses
Requiring proof of an "act to effect the object of the conspiracy"
Section 101 - Definitions
17 U.S.C. § 101 Cited 6,374 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 3,737 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 3,610 times 56 Legal Analyses
Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"
Section 983 - General rules for civil forfeiture proceedings
18 U.S.C. § 983 Cited 2,802 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 274 times 13 Legal Analyses
Criminalizing fraudulent use of copyright notice
Section 2319 - Criminal infringement of a copyright
18 U.S.C. § 2319 Cited 165 times 7 Legal Analyses
Relating to criminal infringement of a copyright

United States of America v. Rojadirecta.org et al

51 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 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.

Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

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