28 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,100 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 280,127 times 369 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
Harris v. Mills
572 F.3d 66 (2d Cir. 2009) Cited 7,015 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
Briarpatch Ltd. v. Phoenix Pictures, Inc.
373 F.3d 296 (2d Cir. 2004) Cited 810 times 1 Legal Analyses
Holding that breach of fiduciary claim survives preemption because "the underlying right [plaintiffs] seek to vindicate is the right to redress violations of the duty owed to a partnership by those who control it," and noting that "the fact that these claims require a finding that there was a breach of fiduciary duty ... adds an extra element that makes the claims qualitatively different from a claim of copyright infringement"
Smith v. Local 819 I.B.T. Pension Plan
291 F.3d 236 (2d Cir. 2002) Cited 289 times
Finding that conclusory pleadings adequately allege fiduciary duty
Ashland Inc. v. Morgan Stanley Co., Inc.
652 F.3d 333 (2d Cir. 2011) Cited 106 times 3 Legal Analyses
Affirming dismissal of fraud claims because "even accepting as true all of the facts alleged in the [operative complaint], appellants’ Section 10(b) claim fails due to their inability to plead reasonable reliance on the alleged misrepresentations"
Henneberry v. Sumitomo Corp. of America
415 F. Supp. 2d 423 (S.D.N.Y. 2006) Cited 109 times
Holding that statements alleging plaintiff's lack of skill and business acumen resulting in its poor financial condition "clearly impugn plaintiff's integrity and business methods"
Knight Sec. v. Fiduciary Trust Co.
5 A.D.3d 172 (N.Y. App. Div. 2004) Cited 68 times
Finding that the question of the plaintiffs reasonable reliance on the defendant's misrepresentations implicated factual issues inappropriate for resolution on a CPLR 3211 motion
Totalplan Corp. of America v. Colborne
14 F.3d 824 (2d Cir. 1994) Cited 66 times
Holding plaintiff cannot prevail on theory of promissory estoppel where party failed to demonstrate a clear and unambiguous promise
Ashland Inc. v. Morgan Stanley Co., Inc.
700 F. Supp. 2d 453 (S.D.N.Y. 2010) Cited 36 times
Holding defendant's alleged promise was "so vague and indefinite that reliance upon that promise ... cannot be said to be reasonable"
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 361,853 times 961 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,069 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 504 - Remedies for infringement: Damages and profits
17 U.S.C. § 504 Cited 3,726 times 60 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 102 - Subject matter of copyright: In general
17 U.S.C. § 102 Cited 2,304 times 121 Legal Analyses
Granting protection to "literary works"
Section 410 - Registration of claim and issuance of certificate
17 U.S.C. § 410 Cited 1,546 times 12 Legal Analyses
Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid
Section 301 - Preemption with respect to other laws
17 U.S.C. § 301 Cited 1,433 times 20 Legal Analyses
Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"
Section 107 - Limitations on exclusive rights: Fair use
17 U.S.C. § 107 Cited 1,041 times 177 Legal Analyses
Noting that the third factor concerns "the amount and substantiality of the portion used in relation to the copyrighted work as a whole"
Section 412 - Registration as prerequisite to certain remedies for infringement
17 U.S.C. § 412 Cited 655 times 23 Legal Analyses
Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication

United States Tennis Association Incorporated v. VSW Productions LLC et al

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

Finding that conclusory pleadings adequately allege fiduciary duty

Affirming dismissal of fraud claims because "even accepting as true all of the facts alleged in the [operative complaint], appellants’ Section 10(b) claim fails due to their inability to plead reasonable reliance on the alleged misrepresentations"

Holding that statements alleging plaintiff's lack of skill and business acumen resulting in its poor financial condition "clearly impugn plaintiff's integrity and business methods"

Finding that the question of the plaintiffs reasonable reliance on the defendant's misrepresentations implicated factual issues inappropriate for resolution on a CPLR 3211 motion

Holding plaintiff cannot prevail on theory of promissory estoppel where party failed to demonstrate a clear and unambiguous promise

Holding defendant's alleged promise was "so vague and indefinite that reliance upon that promise ... cannot be said to be reasonable"

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Granting protection to "literary works"

Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

Stating that when "legal or equitable rights ... are equivalent to any of the exclusive rights within the general scope of copyright ... no person is entitled to any such right or equivalent right in any such work under the common law or statutes of any State"

Noting that the third factor concerns "the amount and substantiality of the portion used in relation to the copyrighted work as a whole"

Prohibiting statutory damages and attorney's fees if the work is not registered before infringement commences, or within three months of the work's first publication