64 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,621 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 274,046 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
Beneficial Nat. Bank v. Anderson
539 U.S. 1 (2003) Cited 2,176 times 9 Legal Analyses
Holding that the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks
Harris v. Mills
572 F.3d 66 (2d Cir. 2009) Cited 6,824 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
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,144 times 162 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Crown, Cork Seal Co. v. Parker
462 U.S. 345 (1983) Cited 1,115 times 54 Legal Analyses
Holding that the timely filing of a purported class action suit tolls the statute of limitations for putative class members who seek to either intervene in the suit or file their own individual lawsuits after class action certification has been denied
Lama Holding Co. v. Smith Barney Inc.
88 N.Y.2d 413 (N.Y. 1996) Cited 2,185 times 3 Legal Analyses
Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim
Brass v. American Film Technologies, Inc.
987 F.2d 142 (2d Cir. 1993) Cited 1,937 times
Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions
Kronos, Inc. v. AVX Corp.
81 N.Y.2d 90 (N.Y. 1993) Cited 727 times
Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984
Matter Allstate
81 N.Y.2d 219 (N.Y. 1993) Cited 692 times 2 Legal Analyses
Holding that "there is no conflict between New York and New Jersey law," and that even if there were a conflict, "New Jersey law [would] govern"
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 354,767 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud
N.Y. C.P.L.R. § 213 Cited 5,533 times 8 Legal Analyses
Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"
Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud
N.Y. C.P.L.R. § 214 Cited 5,490 times 3 Legal Analyses
Providing for three-year statute of limitations for personal injury actions
Section 95.031 - Computation of time
Fla. Stat. § 95.031 Cited 632 times 9 Legal Analyses
Delaying the start of the four-year limitations period for actions "founded upon fraud" until "the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence"
Section 202 - Cause of action accruing without the state
N.Y. CPLR 202 Cited 589 times
Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does
Section 95.051 - When limitations tolled
Fla. Stat. § 95.051 Cited 182 times
Holding that limitations period is tolled when defendant is absent from Florida

Wilchfort et al v. Knight et al

64 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 the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks

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 the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding that the timely filing of a purported class action suit tolls the statute of limitations for putative class members who seek to either intervene in the suit or file their own individual lawsuits after class action certification has been denied

Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions

Holding that plaintiffs' cause of action sounding in tort accrued in 1988 when plaintiff suffered damages, even though breach occurred in 1984

Holding that "there is no conflict between New York and New Jersey law," and that even if there were a conflict, "New Jersey law [would] govern"

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

Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

Providing for three-year statute of limitations for personal injury actions

Delaying the start of the four-year limitations period for actions "founded upon fraud" until "the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence"

Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

Holding that limitations period is tolled when defendant is absent from Florida