Kirch v. Liberty Media Corp.

How courts have described this case

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

• stating that “conclusory allegations or legal conclusions masquerading as factual conclusions will not suffice to defeat a motion to dismiss” (alterations accepted) (quotation marks omitted)
• dismissing civil conspiracy claim where plaintiff failed to state causes of action for any torts underlying alleged conspiracy
• setting forth elements for tortious interference with contract claim under New York law including breach
• noting that “[t]here are indeed cases ... where a statement was held to be ‘of and concerning’ the plaintiff even though ... not naming the plaintiff, [where the statement] could have been understood by a reasonable reader as being, in substance, actually about him or her”
• finding actual knowledge of contract adequately pled where plaintiff alleged that it “had a contract with [a specified third party], of which the Defendants were aware, concerning the design and implementation of [a project]”
• affirming dismissal of tortious interference claim where plaintiff alleged defendant “walked away” from the parties’ agreement but “[n]owhere . . . assert[ed] that [defendant] . . . violated the terms of a contract with [plaintiff] when it did so”

Source: CourtListener parenthetical corpus (CC0).