§Why CasetextPricing

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

MEMORANDUM OF LAW in Opposition re: 522 MOTION for Summary Judgment. Plaintiffs Opposition to Defendants Morgan Stanley & Co. Inc.s and Morgan Stanley & Co. Intl Limiteds Motion for Summary Judgment Pursuant to Federal Rule of Civil Procedure 56

28 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 235,794 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. 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"

  3. Dallas Aerospace, Inc. v. CIS Air Corp.

    352 F.3d 775 (2d Cir. 2003)   Cited 803 times   1 Legal Analyses
    Holding that liability for negligent misrepresentation is imposed on those who are in a special position of confidence and trust with the injured party than that of an ordinary buyer and seller

  4. Aetna Cas. and Sur. v. Aniero Concrete

    404 F.3d 566 (2d Cir. 2005)   Cited 696 times
    Holding that a duty to disclose can arise when a party has made a partial or ambiguous statement

  5. 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

  6. Suez Equity Investors, L.P. v. Toronto-Dominion Bank

    250 F.3d 87 (2d Cir. 2001)   Cited 553 times   1 Legal Analyses
    Holding that the scienter of an agent of a corporate defendant is attributable to the corporation as a primary violator of § 10(b) and Rule 10b-5

  7. Kimmell v. Schaefer

    89 N.Y.2d 257 (N.Y. 1996)   Cited 587 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]"

  8. Anschutz Corp. v. Merrill Lynch & Co.

    690 F.3d 98 (2d Cir. 2012)   Cited 289 times
    Holding that because plaintiffs did not allege any direct contact with the rating agencies, plaintiffs had failed to allege the existence of a privity-like special relationship—an essential element of a negligent misrepresentation claim under New York law

  9. 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"

  10. Credit Corp. v. Andersen Co.

    65 N.Y.2d 536 (N.Y. 1985)   Cited 472 times   3 Legal Analyses
    Holding that multiple, direct and substantive communications and personal meetings with the relying customers established a relationship sufficiently approaching privity

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,115 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit