Holding that a plaintiff can allege multiple theories for his or her claim, but under any theory "wholly conclusory allegations [will not] suffice for purposes of Rule 12(b)"
Holding that Russell prohibits the recovery of extracontractual damages against a plan administrator where, as a matter of contract, only the plan sponsor owed benefits
Holding that a delay in seeking a preliminary injunction can weaken a claim of irreparable harm because "the failure to act sooner undercuts the sense of urgency that ordinarily accompanies a motion for preliminary relief"
71 A.D.3d 155 (N.Y. App. Div. 2010) Cited 134 times
Finding it sufficient to allege that, "as a result of the defendant's conduct," the plaintiffs were "forced to incur" certain costs and expenses NYGBL § 349-d
Holding that in determining whether a plaintiff is otherwise qualified to attend medical school, "considerable judicial deference must be paid to the evaluation made by the institution itself, absent proof that its standards and its application of them serve no other purpose than to deny an education to handicapped persons."
687 F. Supp. 2d 744 (E.D. Tenn. 2009) Cited 75 times
Holding that the plaintiffs had failed to raise a viable promissory estoppel claim where they did not plead "facts to support a finding that the [defendant's] conduct is the equivalent to fraud"
34 C.F.R. § 99 app A to Part 99 Cited 80 times 19 Legal Analyses
In 34 C.F.R. part 99, "directory information" is defined as "information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed."