§Why CasetextPricing

Commonwealth of Pennsylvania Public School Employees' Retirement System,, et al., Plaintiffs, Commerzbank AG,, Appellant,v.Morgan Stanley & Co., Incorporated, et al., Respondents, et al., Defendants.

Brief

27 Cited authorities

  1. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,582 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  2. Banque Arabe et Internationale v. Md. Nat. Bank

    57 F.3d 146 (2d Cir. 1995)   Cited 457 times   1 Legal Analyses
    Holding that no special relationship exists in a banking relationship generally

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

    837 F. Supp. 2d 162 (S.D.N.Y. 2011)   Cited 262 times
    Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"

  4. Premium Mortg. Corp. v. Equifax

    583 F.3d 103 (2d Cir. 2009)   Cited 246 times
    Holding that common law fraud is a New York State law claim that lacks a federal question for purposes of maintaining subject matter jurisdiction pursuant to 28 U.S.C. § 1331

  5. MBIA Ins. Corp. v. Countrywide Home Loans, Inc.

    87 A.D.3d 287 (N.Y. App. Div. 2011)   Cited 227 times
    Holding that allegations that defendant misrepresented loan quality were not duplicative of breach of contract claim

  6. Swersky v. Dreyer Traub

    219 A.D.2d 321 (N.Y. App. Div. 1996)   Cited 309 times
    Holding that "the firm may be held liable to the same extent as the individual defendant"

  7. Dillon v. Morano

    497 F.3d 247 (2d Cir. 2007)   Cited 184 times
    Holding that "denying an employee a promotion is an adverse employment action" for First-Amendment purposes

  8. CPC International Inc. v. McKesson

    70 N.Y.2d 268 (N.Y. 1987)   Cited 316 times   3 Legal Analyses
    Holding that financial projections were "material existing fact, sufficient to support a fraud action"

  9. In re Fitch, Inc.

    330 F.3d 104 (2d Cir. 2003)   Cited 191 times
    Noting that a motion to quash is "entrusted to the sound discretion of the district court"

  10. Allstate Ins. Co. v. Countrywide Financial Corp.

    824 F. Supp. 2d 1164 (C.D. Cal. 2011)   Cited 53 times
    Holding § 5/13(D) "appears to be very close to the California inquiry notice standard," which "requires only that a party be on notice that an injury was ‘caused by wrongdoing’ before the statute begins to run."

  11. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 110,883 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  12. Section 1291 - Final decisions of district courts

    28 U.S.C. § 1291   Cited 88,540 times   138 Legal Analyses
    Granting jurisdiction to the courts of appeals from final decisions of federal district courts "except where a direct review may be had in the Supreme Court"

  13. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,026 times   141 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  14. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,115 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"

  15. Section 13-101 - Transfer of claims

    N.Y. Gen. Oblig. Law § 13-101   Cited 97 times
    Explaining that any claim can be transferred subject to certain exceptions not relevant here

  16. Section 13-105 - Effect of transfer of claim or demand

    N.Y. Gen. Oblig. Law § 13-105   Cited 45 times

    Where a claim or demand can be transferred, the transfer thereof passes an interest, which the transferee may enforce by an action or special proceeding, or interpose as a defense or counter-claim, in his own name, as the transferrer might have done; subject to any defense or counter-claim, existing against the transferrer, before notice of the transfer, or against the transferee. But this section does not apply, where the rights or liabilities of a party to a claim or demand, which is transferred