68 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,282 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 265,266 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' "
Dastar Corp. v. Twentieth Century Fox Film Corp.
539 U.S. 23 (2003) Cited 734 times 20 Legal Analyses
Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )
Salahuddin v. Cuomo
861 F.2d 40 (2d Cir. 1988) Cited 3,074 times
Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."
Pension Fund v. Marine Bank
85 N.Y.2d 20 (N.Y. 1995) Cited 1,514 times 1 Legal Analyses
Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"
City of Pontiac Policemen's & Firemen's Retirement System v. UBS AG
752 F.3d 173 (2d Cir. 2014) Cited 390 times 12 Legal Analyses
Holding that "[i]t is well-established that general statements about ... integrity" are "too general" to be material
Lipton v. Nature Co.
71 F.3d 464 (2d Cir. 1995) Cited 503 times 5 Legal Analyses
Holding that defendant's claim that he conducted "thorough" research was nonactionable puffery
Coastal Abstract Service v. First Amer. Title
173 F.3d 725 (9th Cir. 1998) Cited 358 times 3 Legal Analyses
Holding actionable under § 43(B) a statement that an escrow agent was not paying his bills
Gruner + Jahr USA Publishing v. Meredith Corp.
991 F.2d 1072 (2d Cir. 1993) Cited 409 times
Holding the otherwise descriptive mark PARENTS to be strong in its stylized form
Konikoff v. Prudential Ins. Co. of America
234 F.3d 92 (2d Cir. 2000) Cited 308 times 1 Legal Analyses
Applying New York law in a suit alleging defamation arising from a report indicating "improper appraiser bias" by plaintiff where, inter alia, "the appraisal of which is at the heart of this suit — is located in New York"
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 344,310 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 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,392 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 35,596 times 139 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,226 times 320 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 1114 - Remedies; infringement; innocent infringement by printers and publishers
15 U.S.C. § 1114 Cited 7,870 times 88 Legal Analyses
Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."
Section 1117 - Recovery for violation of rights
15 U.S.C. § 1117 Cited 4,862 times 144 Legal Analyses
Granting district courts significant discretion to award damages for a violation of § 1125
Section 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 4,795 times 105 Legal Analyses
Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
Section 1115 - Registration on principal register as evidence of exclusive right to use mark; defenses
15 U.S.C. § 1115 Cited 1,902 times 34 Legal Analyses
Providing that registration of a mark "shall be prima facie evidence of the validity of the registered mark" but "shall not preclude another person from proving any legal or equitable defense or defect"
Section 74 - Privileges in action for libel
N.Y. Civ. Rights Law § 74 Cited 388 times 4 Legal Analyses
A civil action cannot be maintained against any person, firm or corporation, for the publication of a fair and true report of any judicial proceeding, legislative proceeding or other official proceeding, or for any heading of the report which is a fair and true headnote of the statement published. This section does not apply to a libel contained in any other matter added by any person concerned in the publication; or in the report of anything said or done at the time and place of such a proceeding
Section 83-F:3 - Determination of Value
N.H. Rev. Stat. § 83-F:3 Cited 3 times
On or before December 1 of the tax year, the commissioner shall determine the market value of utility property for the purposes of this chapter by utilizing generally accepted appraisal methods and techniques. Market value means the property's full and true value as defined under RSA 75:1. In the case of regulated public utilities as defined in RSA 362:2, the commissioner shall hold a single public hearing annually prior to performing assessments, in order to receive public input on assessments under

Vital Farms, Inc. v. Handsome Brook Farm, Llc et al

68 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 federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )

Holding that district court was "within bounds of discretion to strike or dismiss complaint for noncompliance with Rule 8" where complaint spanned "15 single-spaced pages," and contained "a surfeit of detail."

Holding that the definition of deceptive acts and practices under GBL § 349 includes "representations or omissions"

Holding that "[i]t is well-established that general statements about ... integrity" are "too general" to be material

Holding that defendant's claim that he conducted "thorough" research was nonactionable puffery

Holding actionable under § 43(B) a statement that an escrow agent was not paying his bills

Holding the otherwise descriptive mark PARENTS to be strong in its stylized form

Applying New York law in a suit alleging defamation arising from a report indicating "improper appraiser bias" by plaintiff where, inter alia, "the appraisal of which is at the heart of this suit — is located in New York"

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 an "unrepresented party" to the same standard as an attorney

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Holding liable "Any person who shall, without the consent of the registrant — use in commerce any reproduction . . . of a registered mark . . . in connection with which such use is likely to cause confusion."

Granting district courts significant discretion to award damages for a violation of § 1125

Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

Providing that registration of a mark "shall be prima facie evidence of the validity of the registered mark" but "shall not preclude another person from proving any legal or equitable defense or defect"