§Why CasetextPricing

Amisil Holdings Ltd v. Clarium Capital Management LLC et al

Memorandum in Opposition re MOTION to Dismiss Plaintiff's Complaint

45 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,232 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,158 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  3. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,401 times   312 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  4. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,517 times   41 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  5. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,443 times   8 Legal Analyses
    Holding that stock sales of individual defendants are only indicative of scienter where they are "dramatically out of line with prior trading practices" (quoting In re Apple Computer Sec. Litig., 886 F.2d 1109, 1117 (9th Cir. 1989))

  6. VLIW Tech., LLC v. Hewlett-Packard Co.

    840 A.2d 606 (Del. 2003)   Cited 668 times
    Holding to survive motion to dismiss claim for breach of contract, plaintiff must demonstrate "resultant damage"

  7. Allen v. City of Beverly Hills

    911 F.2d 367 (9th Cir. 1990)   Cited 982 times   1 Legal Analyses
    Holding that a provision allowing the Beverly Hills City Council to abolish any position in the classified service when "necessary in the interests of economy or because the necessity for the position no longer exists" does not significantly constrain the City's discretion and thus does not create a property interest

  8. Neubronner v. Milken

    6 F.3d 666 (9th Cir. 1993)   Cited 806 times
    Holding that Rule 9(b)'s purpose is "to prevent the filing of a complaint as a pretext for the discovery of unknown wrongs" and finding the Section 20A insufficiently pled because it lacked "facts [such] as the times, dates, places" or "allegations on information and belief . . . [to] state the factual basis for the belief"

  9. 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"

  10. Williamson v. General Dynamics Corp.

    208 F.3d 1144 (9th Cir. 2000)   Cited 282 times
    Holding that state law career fraud claims are not categorically preempted by the FLSA, nor contrary to the FLSA's purpose of protecting employees

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 80b-9 - Enforcement of subchapter

    15 U.S.C. § 80b-9   Cited 219 times   1 Legal Analyses
    Authorizing the SEC to seek injunctive relief against violations of the Act