§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

54 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 215,979 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  2. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,690 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  3. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,589 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss

  4. Janus Capital Group Inc. v. First Derivative Traders

    564 U.S. 135 (2011)   Cited 567 times   104 Legal Analyses
    Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

  5. Greenfield v. Philles Records

    98 N.Y.2d 562 (N.Y. 2002)   Cited 1,913 times   2 Legal Analyses
    Holding a "written agreement that is complete, clear and unambiguous on its face must be enforced according to the plain meaning of its terms"

  6. Merrill Lynch v. Allegheny Energy

    500 F.3d 171 (2d Cir. 2007)   Cited 514 times   5 Legal Analyses
    Holding that "resolution of legal questions, including jurisdiction and the right to a jury trial, are subject to de novo review"

  7. Distiso v. Cook

    691 F.3d 226 (2d Cir. 2012)   Cited 413 times   2 Legal Analyses
    Holding a jury could find a principal acted clearly unreasonably when he did nothing other than speak to a teacher following kindergarten racial-name calling

  8. Wright v. Ernst & Young LLP

    152 F.3d 169 (2d Cir. 1998)   Cited 635 times   10 Legal Analyses
    Holding a party may not amend its complaint by advancing a new theory of liability for the first time in its opposition to a motion to dismiss

  9. Gaidon v. the Guardian Life Insurance Co. of America

    94 N.Y.2d 330 (N.Y. 1999)   Cited 530 times   1 Legal Analyses
    Holding that vanishing premium sales practices, as pled, "fall within the purview" of the state deceptive business practices statute but do "not constitute a `misrepresentation or material omission' necessary to sustain a cause of action for fraud"

  10. South Road Associates, LLC v. International Business Machines Corp.

    4 N.Y.3d 272 (N.Y. 2005)   Cited 406 times
    Holding that the term "premises" in the disputed contract unambiguously referred only to the "interior space" of a leased real estate property based on a reading of the lease "as a whole," which frequently listed the term "premises" separately from things such as "the water tower, appurtenances, land, parking lot and building"

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

    Fed. R. Civ. P. 17   Cited 9,125 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"

  12. Section 270.17a-9 - Purchase of certain securities from a money market fund by an affiliate, or an affiliate of an affiliate

    17 C.F.R. § 270.17a-9   Cited 2 times   1 Legal Analyses

    The purchase of a security from the portfolio of an open-end investment company holding itself out as a money market fund by any affiliated person or promoter of or principal underwriter for the money market fund or any affiliated person of such person shall be exempt from section 17(a) of the Act (15 U.S.C. 80a-17(a) ) ; provided that: (a) In the case of a portfolio security that has ceased to be an Eligible Security (as defined in § 270.2a-7(a)(12) ), or has defaulted (other than an immaterial