35 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 262,920 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 276,185 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
Cuoco v. Moritsugu
222 F.3d 99 (2d Cir. 2000) Cited 4,841 times
Holding that a pro se plaintiff should be "grant[ed] leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated" but leave to amend may be properly denied as "futile"
Rotella v. Wood
528 U.S. 549 (2000) Cited 937 times 4 Legal Analyses
Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions
Sealed Plaintiff v. Sealed Defendant # 1
537 F.3d 185 (2d Cir. 2008) Cited 2,292 times 2 Legal Analyses
Holding that "the plaintiff's interest in anonymity must be balanced against both the public interest in disclosure and any prejudice to the defendant"
Matson v. Board of Education
631 F.3d 57 (2d Cir. 2011) Cited 956 times 1 Legal Analyses
Holding that fibromyalgia, although a serious condition, was not a fatal disease that "carr[ies] with it the sort of opprobrium that confers upon those who suffer from it a constitutional right of privacy as to that medical condition," and that revealing the condition of fibromyalgia would not "expose a person . . . to discrimination and intolerance"
In re Martin-Trigona
737 F.2d 1254 (2d Cir. 1984) Cited 1,280 times
Holding that courts have a "constitutional obligation to protect their jurisdiction from conduct which impairs their ability to carry out Article III functions"
Bertin v. U.S.
478 F.3d 489 (2d Cir. 2007) Cited 526 times
Holding that six-year statute of limitations applies and cause of action accrues at the end of the criminal proceeding
Allaire Corp. v. Okumus
433 F.3d 248 (2d Cir. 2006) Cited 486 times
Interpreting "establishment" and "liquidation" in § 240.16b-6
Sykes v. Mel S. Harris & Assocs. LLC
780 F.3d 70 (2d Cir. 2015) Cited 307 times 1 Legal Analyses
Holding that though plaintiffs complained of defendants’ conduct in creating a default judgment mill that would end in a state-court judgment, that judgment was a mere ratification
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 357,280 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 72,180 times 128 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,372 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,161 times 61 Legal Analyses
Specifying prohibited activities
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,143 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1341 - Frauds and swindles
18 U.S.C. § 1341 Cited 13,607 times 104 Legal Analyses
Relating to mail fraud
Section 1692e - False or misleading representations
15 U.S.C. § 1692e Cited 7,019 times 110 Legal Analyses
Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"
Section 1692a - Definitions
15 U.S.C. § 1692a Cited 6,303 times 83 Legal Analyses
Defining debt collector
Section 1692k - Civil liability
15 U.S.C. § 1692k Cited 6,183 times 66 Legal Analyses
Holding debt collectors civilly liable for illicit debt collection practices
Section 1344 - Bank fraud
18 U.S.C. § 1344 Cited 5,044 times 60 Legal Analyses
Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

Weaver v. Boriskin et al

35 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 a pro se plaintiff should be "grant[ed] leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated" but leave to amend may be properly denied as "futile"

Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions

Holding that "the plaintiff's interest in anonymity must be balanced against both the public interest in disclosure and any prejudice to the defendant"

Holding that courts have a "constitutional obligation to protect their jurisdiction from conduct which impairs their ability to carry out Article III functions"

Holding that six-year statute of limitations applies and cause of action accrues at the end of the criminal proceeding

Interpreting "establishment" and "liquidation" in § 240.16b-6

Holding that though plaintiffs complained of defendants’ conduct in creating a default judgment mill that would end in a state-court judgment, that judgment was a mere ratification

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

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Specifying prohibited activities

Defining what the terms “person” and “enterprise” include

Relating to mail fraud

Banning "[t]he threat to take any action that cannot legally be taken or that is not intended to be taken"

Defining debt collector

Holding debt collectors civilly liable for illicit debt collection practices

Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"