39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,412 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 times   367 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' "
  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,932 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  4. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 6,667 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
  5. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,399 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  6. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,199 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
  7. Mills v. Polar Molecular Corp.

    12 F.3d 1170 (2d Cir. 1993)   Cited 1,546 times   1 Legal Analyses
    Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"
  8. Merrill Lynch v. Allegheny Energy

    500 F.3d 171 (2d Cir. 2007)   Cited 521 times   5 Legal Analyses
    Holding that "resolution of legal questions, including jurisdiction and the right to a jury trial, are subject to de novo review"
  9. Bridgestone/Firestone, Inc. v. Recovery Credit Services., Inc.

    98 F.3d 13 (2d Cir. 1996)   Cited 724 times
    Holding that intraparty fees are not indemnified where the indemnification clause is not "unmistakably clear" that it covers attorneys' fees in a breach-of-contract action and "may easily be read as limited to third party actions"
  10. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.

    837 F. Supp. 2d 162 (S.D.N.Y. 2011)   Cited 270 times
    Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"
  11. 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 349,819 times   936 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,217 times   322 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,238 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
  15. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,297 times   47 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)
  16. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,783 times   108 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”
  17. Section 602 - Infringing importation or exportation of copies or phonorecords

    17 U.S.C. § 602   Cited 96 times   10 Legal Analyses
    Prohibiting the importation of copies “the making of which either constituted an infringement of copyright, or which would have constituted an infringement of copyright if this title had been applicable”