34 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 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' "
  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 62,250 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,646 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  4. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,813 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,896 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
  6. Dastar Corp. v. Twentieth Century Fox Film Corp.

    539 U.S. 23 (2003)   Cited 740 times   20 Legal Analyses
    Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )
  7. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,826 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
  8. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 961 times
    Setting forth elements of a FHA claim
  9. Lipton v. Nature Co.

    71 F.3d 464 (2d Cir. 1995)   Cited 504 times   5 Legal Analyses
    Holding that defendant's claim that he conducted "thorough" research was nonactionable puffery
  10. Warner Cable v. Directv

    497 F.3d 144 (2d Cir. 2007)   Cited 310 times   13 Legal Analyses
    Holding that a claim is puffery when it consists of "subjective claims about products, which cannot be proven either true or false"
  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 348,310 times   930 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 157,506 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,229 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  14. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,347 times   321 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"