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In re AMTRUST FINANCIAL SERVICES, INC. SECURITIES LITIGATION

REPLY MEMORANDUM OF LAW in Support re: 142 MOTION to Dismiss the Consolidated Second Amended Complaint. . Document

23 Cited authorities

  1. Anwar v. Fairfield Greenwich Ltd.

    728 F. Supp. 2d 372 (S.D.N.Y. 2010)   Cited 176 times
    Holding that sufficient indicia of partnership and detrimental reliance on those representations are necessary to establish partnership-by-representation

  2. Glaser v. The9 Ltd.

    772 F. Supp. 2d 573 (S.D.N.Y. 2011)   Cited 124 times   1 Legal Analyses
    Holding that "highly unusual and suspicious" resignations support scienter

  3. In re Lehman Brothers Securities Erisa Litigation

    799 F. Supp. 2d 258 (S.D.N.Y. 2011)   Cited 93 times   1 Legal Analyses
    Holding that statements regarding compliance with GAAS and GAAP are inherently statements of opinion

  4. In re Indymac Mortg.-Backed Sec. Litig.

    718 F. Supp. 2d 495 (S.D.N.Y. 2010)   Cited 65 times
    Holding Wyoming only had standing to pursue Section 12 claims as to INDX 2006-AR11

  5. Public Employees' Ret. Syst. v. Merrill Lynch Co.

    714 F. Supp. 2d 475 (S.D.N.Y. 2010)   Cited 60 times   1 Legal Analyses
    Holding that a Section 15 claim was not pleaded where a complaint only alleged that individual defendants were officers or directors of a primary violator

  6. In re Moody's Corp. Securities Litigation

    599 F. Supp. 2d 493 (S.D.N.Y. 2009)   Cited 57 times
    Holding that the plaintiffs pled sufficient facts to state a claim that the defendant's representations of independence and ratings integrity were fraudulent

  7. Rapoport v. Asia Electronics Holding Co., Inc.

    88 F. Supp. 2d 179 (S.D.N.Y. 2000)   Cited 75 times
    Holding that where documents relied on in drafting the complaint contradict the complaint, "the documents control and this Court need not accept as true the allegations of the amended complaint"

  8. Dobina v. Weatherford Int'l Ltd.

    909 F. Supp. 2d 228 (S.D.N.Y. 2012)   Cited 44 times   2 Legal Analyses
    Holding that "one may reasonably infer that [a company's] internal controls in fact were inadequate throughout the class period" where a later public filing details a material weakness in internal controls

  9. In re Metropolitan Securities Litigation

    532 F. Supp. 2d 1260 (E.D. Wash. 2007)   Cited 48 times
    Holding that a cause of action based on an omission requires the plaintiff to show "how [an] alleged omitted fact negates the truth of or renders misleading the statements actually made"

  10. Scott ex rel. Situated v. Gen. Motors Co.

    46 F. Supp. 3d 387 (S.D.N.Y. 2014)   Cited 21 times
    Dismissing Section 11 claim as implausible "because it alleges no facts that, if true, would demonstrate that the Registration Statement contained a material misstatement or omission at the time it became effective"

  11. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,112 times   85 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  12. Section 78d-3 - Appearance and practice before the Commission

    15 U.S.C. § 78d-3   Cited 9 times   1 Legal Analyses

    (a) Authority to censure The Commission may censure any person, or deny, temporarily or permanently, to any person the privilege of appearing or practicing before the Commission in any way, if that person is found by the Commission, after notice and opportunity for hearing in the matter- (1) not to possess the requisite qualifications to represent others; (2) to be lacking in character or integrity, or to have engaged in unethical or improper professional conduct; or (3) to have willfully violated