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Abu Dhabi Commercial Bank et al v. Morgan Stanley & Co. Incorporated et al

MEMORANDUM OF LAW in Opposition re: 358 MOTION for Summary Judgment. Plaintiffs' Memorandum of Law in Support of Their Opposition to Defendants' Joint Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56

92 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,866 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. 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”

  3. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,599 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

  4. Virginia Bankshares, Inc. v. Sandberg

    501 U.S. 1083 (1991)   Cited 609 times   22 Legal Analyses
    Holding that § 14 liability may not be established on "mere disbelief or undisclosed motive without any demonstration that the proxy statement was false or misleading"

  5. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,807 times   5 Legal Analyses
    Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

  6. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 997 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

  7. Kalnit v. Eichler

    264 F.3d 131 (2d Cir. 2001)   Cited 843 times   1 Legal Analyses
    Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”

  8. McClellan v. Smith

    439 F.3d 137 (2d Cir. 2006)   Cited 648 times
    Holding under New York law that a grand jury indictment does not create a presumption of probable cause for false arrest claims

  9. Teams. Local 445 v. Dynex Cap

    531 F.3d 190 (2d Cir. 2008)   Cited 447 times   5 Legal Analyses
    Holding that plaintiffs failed to allege corporate scienter where they did not specifically identify reports or statements to which the corporate officer had access that would have contradicted the allegedly fraudulent corporate statements at issue

  10. Kimmell v. Schaefer

    89 N.Y.2d 257 (N.Y. 1996)   Cited 588 times
    Holding that a special relationship existed outside of the context of professionals, such as lawyers and engineers, when a defendant was inter alia "uniquely situated to evaluate the economics of the [investment that defendant sold to plaintiff]"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,220 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. 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

  13. Rule 2 - One Form of Action

    Fed. R. Civ. P. 2   Cited 683 times   1 Legal Analyses
    Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity

  14. Section 5 - Bringing in additional parties

    15 U.S.C. § 5   Cited 98 times   3 Legal Analyses
    In 15 U.S.C. § 5, Congress did establish a procedure whereby several defendants could be brought into the same district.

  15. Section 78o-7 - Registration of nationally recognized statistical rating organizations

    15 U.S.C. § 78o-7   Cited 8 times   1 Legal Analyses

    (a) Registration procedures (1) Application for registration (A) In general A credit rating agency that elects to be treated as a nationally recognized statistical rating organization for purposes of this chapter (in this section referred to as the "applicant"), shall furnish to the Commission an application for registration, in such form as the Commission shall require, by rule or regulation issued in accordance with subsection (n), and containing the information described in subparagraph (B). (B)