§Why CasetextPricing

Behrens et al v. JP Morgan Chase Bank N. A. et al

MEMORANDUM OF LAW in Support re: 116 MOTION to Dismiss Plaintiffs' Second Amended Complaint. . Document

44 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,033 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,838 times   366 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. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,118 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  4. Crown, Cork Seal Co. v. Parker

    462 U.S. 345 (1983)   Cited 1,104 times   54 Legal Analyses
    Holding that the commencement of a class action suspends the applicable statute of limitations for all asserted members of the putative class until a class certification decision is made

  5. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,609 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

  6. Koch v. Christie's International PLC

    699 F.3d 141 (2d Cir. 2012)   Cited 1,286 times   1 Legal Analyses
    Holding that discovery accrual rule announced in Rotella continues to be controlling law

  7. Tex. Indus., Inc. v. Radcliff Materials, Inc.

    451 U.S. 630 (1981)   Cited 724 times   3 Legal Analyses
    Holding no right of contribution under Clayton and Sherman Acts

  8. Howell v. New York Post Co.

    81 N.Y.2d 115 (N.Y. 1993)   Cited 1,434 times
    Holding that the elements of intentional infliction of emotional distress are: " extreme and outrageous conduct; intent to cause, or disregard of a substantial probability of causing, severe emotional distress; a causal connection between the conduct and injury; and severe emotional distress."

  9. Rojas v. Roman Catholic Diocese of Rochester

    660 F.3d 98 (2d Cir. 2011)   Cited 615 times   2 Legal Analyses
    Holding that "generalized," non-specific grievances do not constitute protected activity

  10. Ryder Energy Dist. v. Merrill Lynch Commod

    748 F.2d 774 (2d Cir. 1984)   Cited 1,078 times   2 Legal Analyses
    Referring to motion to dismiss

  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 347,250 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1 - Short title

    7 U.S.C. § 1   Cited 942 times   34 Legal Analyses
    Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM

  13. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 278 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA

  14. Section 7 - Designation of boards of trade as contract markets

    7 U.S.C. § 7   Cited 201 times   6 Legal Analyses
    Requiring contract markets to adopt anti-fraud rules

  15. Section 7a-2 - Common provisions applicable to registered entities

    7 U.S.C. § 7a-2   Cited 7 times   1 Legal Analyses

    (a) Acceptable business practices under core principles (1) In general Consistent with the purposes of this chapter, the Commission may issue interpretations, or approve interpretations submitted to the Commission, of sections 7(d) and 7a-1(c)(2) of this title, to describe what would constitute an acceptable business practice under such sections. (2) Effect of interpretation An interpretation issued under paragraph (1) may provide the exclusive means for complying with each section described in paragraph