§Why CasetextPricing

Wingspan Records, Inc. v. BMG Rights Management (US), LLC et al

MEMORANDUM OF LAW in Support re: 77 MOTION to Dismiss the Third Amended Complaint.. Document

12 Cited authorities

  1. Nechis v. Oxford Health Plans, Inc.

    421 F.3d 96 (2d Cir. 2005)   Cited 613 times   1 Legal Analyses
    Holding insurer need not disclose its cost-reduction strategies because it had "no duty to disclose to plan participants information additional to that required by ERISA"

  2. Western World Ins. Co. v. Stack Oil, Inc.

    922 F.2d 118 (2d Cir. 1990)   Cited 870 times
    Holding that a fact admitted by the defendant in its amended answer was thereby conclusively established against the defendant

  3. Broder v. Cablevision Systems Corp.

    418 F.3d 187 (2d Cir. 2005)   Cited 449 times   1 Legal Analyses
    Holding that under New York law, "[w]hen a plaintiff does not possess a private right of action under a particular statute, and does not allege any actionable wrongs independent of the requirements of the statute, a claim [under another cause of action alleging merely a violation of a statute under which they do not possess a private right of action] is properly dismissed as an effort to circumvent the legislative preclusion of private lawsuits for violation of the statute"

  4. Wernick v. Federal Reserve Bank of New York

    91 F.3d 379 (2d Cir. 1996)   Cited 323 times
    Holding the failure to assign an employee to a different supervisor did not violate reasonable accommodation requirement of ADA and Rehabilitation Act; "Indeed, nothing in the law leads us to conclude that in enacting the disability acts, Congress intended to interfere with personnel decisions within an organizational hierarchy. Congress intended simply that disabled persons have the same opportunities available to them as are available to nondisabled persons"

  5. Brown v. Brown

    12 A.D.3d 176 (N.Y. App. Div. 2004)   Cited 78 times
    Holding that plaintiffs fraud claim is "precluded by the fact that a simple breach of contract claim may not be considered a tort unless a legal duty independent of the contract — i.e., one arising out of circumstances extraneous to, and not constituting elements of, the contract itself — has been violated"

  6. Bernardo Valentini v. CitiGroup, Inc.

    11 Civ. 1355 (LBS) (S.D.N.Y. Dec. 26, 2011)   Cited 45 times
    Finding failure to plead defendant's exercise of "an unauthorized dominion" because no alleged facts demonstrated defendant's actions were "unlawful or wrongful"

  7. Bennett v. Wesley

    11 Civ. 8715 (JMF) (S.D.N.Y. Apr. 29, 2013)   Cited 13 times

    11 Civ. 8715 (JMF) 04-29-2013 DELVILLE BENNETT, Plaintiff, v. OFFICER WESLEY, ET AL., Defendants. JESSE M. FURMAN OPINION AND ORDER JESSE M. FURMAN, United States District Judge: Plaintiff Delville Bennett brings this action, pro se, against Defendants Raymond S. Koskowski, Jr., former Deputy Superintendant of Green Haven Correctional Facility ("Green Haven"), and Green Haven correction officers Mark Wesley and James Thorpe, pursuant to Title 42, United States Code, Section 1983. In his Complaint

  8. HDR, Inc. v. International Aircraft Parts, Inc.

    257 A.D.2d 603 (N.Y. App. Div. 1999)   Cited 28 times

    January 19, 1999. Appeal from the Supreme Court, Suffolk County (Berler, J.). Ordered that the appeal by the defendant IAP Services, Inc., from so much of the order as denied that branch of the defendants' motion which was for summary judgment dismissing the first cause of action insofar as asserted against the defendants International Aircraft Parts, Inc., and Harry Kirschbaum, is dismissed, without costs or disbursements, as that defendant is not aggrieved by that portion of the order appealed

  9. Sang Lan v. Time Warner, Inc.

    11 Civ. 2870 (LBS) (JCF) (S.D.N.Y. Apr. 19, 2013)   Cited 7 times

    11 Civ. 2870 (LBS) (JCF) 04-19-2013 SANG LAN, Plaintiff, v. TIME WARNER, INC.,KAO-SUNG LIU A/K/A K.S. LIU, GINA HIU-HUNG LIU A/K/A HUI-HUNG SIE A/K/A GINA LIU, Individually and as Trustees or Managers of Goodwill for Sang Lan Fund, HUGH HU MO, DOES 1-30, Unknown Defendants, Jointly and Severally, Defendants. JAMES C. FRANCIS IV (ECF) REPORT AND RECOMMENDATION TO THE HONORABLE LEONARD B. SAND, U.S.D.J.: Plaintiff Sang Lan filed this action on April 28, 2011. Defendant Time Warner, Inc. ("Time Warner")

  10. 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

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 335,102 times   160 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. 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 5,572 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"