Second Circuit· 4/29/2010

Arista Records, LLC v. Doe 3

Citations

604 F.3d 110
94 U.S.P.Q. 2d (BNA) 1587
2010 U.S. App. LEXIS 8879
2010 WL 1729107

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that unserved defendants may not properly move for dismissal for failure to state a claim because they are not “parties” under Rule 12(b)(6)
noting that the complaint must “raise a reasonable expectation that discovery will reveal evidence of illegality”
stating that factors to be considered when evaluating a motion for expedited discovery are “an appropriate general standard” to apply
explaining that “pleading facts alleged ‘upon information and belief’” is appropriate when “the facts are peculiarly within the possession and control of the defendant”
noting that plaintiffs may plead facts alleged upon information and belief “where the belief is based on factual information that makes the inference of culpability plausible”
noting that unless “the facts are peculiarly within the possession and control of the defendant,” the belief must be “based on factual information that makes the inference of culpability plausible”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Katzmann, Livingston

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Cited by

279 cases in this archive cite this case; the 20 most cited are listed.

Cites

34 cases in this archive are cited by this case; the 20 most cited are listed.

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