§Why CasetextPricing

Blackrock Balanced Capital Portfolio (Fi) vs. Deutsche Bank Trust Company Americas

Opposition

82 Cited authorities

  1. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,876 times   508 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”

  2. Wash. Mut. Bank v. Superior Court of Orange Cty.

    24 Cal.4th 906 (Cal. 2001)   Cited 575 times   4 Legal Analyses
    Holding that a choice of law provision may not be disregarded “merely because it may hinder the prosecution of multi-state or nationwide class action or [exclude] nonresident consumers from a California-based class action”

  3. Nedlloyd Lines B.V. v. Superior Court

    3 Cal.4th 459 (Cal. 1992)   Cited 575 times   14 Legal Analyses
    Holding that the phrase "governed by" in a choice of law clause compels the "logical conclusion" that the parties "intended that law to apply to all disputes arising out of the transaction or relationship"

  4. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.

    837 F. Supp. 2d 162 (S.D.N.Y. 2011)   Cited 280 times
    Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"

  5. Burkhardt v. Bailey

    260 Mich. App. 636 (Mich. Ct. App. 2004)   Cited 303 times   1 Legal Analyses
    Finding signatories to a contract are presumed to understand the import of the document and to have the "intention manifested by its terms"

  6. City of San Jose v. Superior Court

    12 Cal.3d 447 (Cal. 1974)   Cited 714 times
    Holding that government claims procedures are mandatory and failure to file the required claim means the action must be dismissed

  7. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 291 times
    Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute

  8. Duran v. U.S. Bank National Assn.

    59 Cal.4th 1 (Cal. 2014)   Cited 186 times   16 Legal Analyses
    Finding a flaw in the "size of the sample group" and holding, in general, that "[t]he more diverse the population, the larger the sample must be in order to reflect the population accurately"

  9. Ret. Bd. of the Policemen's Annuity & Benefit Fund v. Bank of N.Y. Mellon

    775 F.3d 154 (2d Cir. 2014)   Cited 150 times   3 Legal Analyses
    Holding arguments raised in footnotes may be deemed waived

  10. Lockheed Martin Corp. v. Superior Court

    29 Cal.4th 1096 (Cal. 2003)   Cited 199 times   2 Legal Analyses
    Holding evidence of exposure alone not enough to ground claim for medical monitoring

  11. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,705 times   5 Legal Analyses
    Governing rescissions of written contracts

  12. Section 1-52 - Three years

    N.C. Gen. Stat. § 1-52   Cited 1,092 times   16 Legal Analyses
    Applying a three-year statute of limitations to an action "[u]pon a contract, obligation or liability arising out of a contract, express or implied, except those mentioned in the preceding sections"

  13. Section 16.004 - Four-Year Limitations Period

    Tex. Civ. Prac. & Rem. Code § 16.004   Cited 920 times   4 Legal Analyses
    Stating that the statute of limitations for fraud claims is four years

  14. Section 8106 - Actions subject to 3-year limitation

    Del. Code tit. 10 § 8106   Cited 863 times   13 Legal Analyses
    Specifying causes of action subject to 3-year statute of limitations as including "action to recover damages caused by an injury unaccompanied with force or resulting indirectly from the act of the defendant"

  15. Section 516.120 - What actions within five years

    Mo. Rev. Stat. § 516.120   Cited 702 times   2 Legal Analyses
    Stating that "[a]ll actions upon contracts" shall be brought within five years

  16. 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

  17. Section 13-80-101 - General limitation of actions - three years

    Colo. Rev. Stat. § 13-80-101   Cited 229 times
    Stating that "[a]ll contract actions" must be commenced "within three years after the cause of action accrues, and not thereafter"

  18. Section 60-511 - Actions limited to five years

    Kan. Stat. § 60-511   Cited 199 times
    Setting a five year statute of limitations for a breach of written contract action

  19. Section 508:4 - Personal Actions

    N.H. Rev. Stat. § 508:4   Cited 111 times   1 Legal Analyses
    Establishing a three-year statute of limitations for all "personal actions"

  20. Section 2725 - Statute of limitations in contracts for sale

    13 Pa. C.S. § 2725   Cited 104 times
    Relating to statute of limitations in contract for sale