89 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,882 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 277,112 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Boyle v. United States
556 U.S. 938 (2009) Cited 1,171 times 9 Legal Analyses
Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."
Menominee Indian Tribe of Wis. v. United States
577 U.S. 250 (2016) Cited 869 times 4 Legal Analyses
Holding that the "extraordinary circumstances" element for equitable tolling requires evidence of "an external obstacl[e]," which reflects the "requirement that a litigant seeking tolling show that some extraordinary circumstance stood in his way "
United States v. Turkette
452 U.S. 576 (1981) Cited 2,747 times 2 Legal Analyses
Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity
Rotella v. Wood
528 U.S. 549 (2000) Cited 937 times 4 Legal Analyses
Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,157 times 163 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"
Koch v. Christie's International PLC
699 F.3d 141 (2d Cir. 2012) Cited 1,371 times 1 Legal Analyses
Holding that discovery accrual rule announced in Rotella continues to be controlling law
Smith v. McGinnis
208 F.3d 13 (2d Cir. 2000) Cited 1,637 times
Holding that petitioner's pro se status did not merit equitable tolling
Mills v. Polar Molecular Corp.
12 F.3d 1170 (2d Cir. 1993) Cited 1,562 times 1 Legal Analyses
Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"
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 358,269 times 949 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,914 times 332 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1961 - Definitions
18 U.S.C. § 1961 Cited 15,163 times 72 Legal Analyses
Defining what the terms “person” and “enterprise” include
Section 1343 - Fraud by wire, radio, or television
18 U.S.C. § 1343 Cited 12,426 times 173 Legal Analyses
Barring fraudulent schemes "for obtaining money or property"
Section 1956 - Laundering of monetary instruments
18 U.S.C. § 1956 Cited 9,612 times 144 Legal Analyses
Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses
Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud
N.Y. C.P.L.R. § 213 Cited 5,587 times 8 Legal Analyses
Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"
Section 203 - Method of computing periods of limitation generally
N.Y. C.P.L.R. § 203 Cited 2,719 times 5 Legal Analyses
Providing that, in an action commenced by filing, "a claim asserted in the complaint is interposed against the defendant" upon filing
Section 202 - Cause of action accruing without the state
N.Y. CPLR 202 Cited 594 times
Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does
Section 25 - Private rights of action
7 U.S.C. § 25 Cited 281 times 4 Legal Analyses
Granting federal courts exclusive jurisdiction over private claims brought under the CEA
Section 6d - Dealing by unregistered futures commission merchants or introducing brokers prohibited; duties in handling customer receipts; conflict-of-interest systems and procedures; Chief Compliance Officer; rules to avoid duplicative regulations; swap requirements; portfolio margining accounts
7 U.S.C. § 6d Cited 124 times 13 Legal Analyses
Prohibiting depository institutions from treating customer assets “as belonging to the depositing futures commission merchant or any person other than the customers of such futures commission merchant”
Section 1.20 - Futures customer funds to be segregated and separately accounted for
17 C.F.R. § 1.20 Cited 18 times
Requiring the FCM to keep the customer's money in a segregated account and to account for each customer's monies

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

89 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a RICO enterprise "need not have a hierarchical structure or a 'chain of command'; decisions may be made on an ad hoc basis and by any number of methods — by majority vote, consensus, a show of strength, etc."

Holding that the "extraordinary circumstances" element for equitable tolling requires evidence of "an external obstacl[e]," which reflects the "requirement that a litigant seeking tolling show that some extraordinary circumstance stood in his way "

Holding that a RICO enterprise must exist "separate and apart" from the pattern of racketeering activity

Holding RICO claims accrue upon a plaintiff's discovery of their injury, not discovery of Defendants' actions

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"

Holding that discovery accrual rule announced in Rotella continues to be controlling law

Holding that petitioner's pro se status did not merit equitable tolling

Holding that fraudulent intent could not be inferred from the defendant entering multiple contracts with a plaintiff and not performing on any of them since "[c]ontractual breach, in and of itself, does not bespeak fraud"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Requiring that fraud be pleaded with particularity

Defining what the terms “person” and “enterprise” include

Barring fraudulent schemes "for obtaining money or property"

Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

Providing that, in an action commenced by filing, "a claim asserted in the complaint is interposed against the defendant" upon filing

Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

Granting federal courts exclusive jurisdiction over private claims brought under the CEA

Prohibiting depository institutions from treating customer assets “as belonging to the depositing futures commission merchant or any person other than the customers of such futures commission merchant”

Requiring the FCM to keep the customer's money in a segregated account and to account for each customer's monies