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Anthony O. Corso Living Trust v. KCG Americas LLC, et al.

Reply memorandum of law in support of 129 Motion for leave to file a third amended complaint

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,029 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Leary v. Daeschner

    349 F.3d 888 (6th Cir. 2003)   Cited 1,701 times
    Holding reputational harm stemming from involuntary transfer "from one school in the district to another" demonstrated sufficient adversity

  3. Inge v. Rock Financial Corp.

    281 F.3d 613 (6th Cir. 2002)   Cited 1,300 times
    Holding that the defendant would not suffer prejudice when the plaintiff sought to refine existing claims rather than add brand-new claims

  4. Rose v. Hartford Underwriters Ins. Co.

    203 F.3d 417 (6th Cir. 2000)   Cited 970 times
    Holding that a failure to grant leave amounting to an abuse of discretion is harmless error if the amendment would be futile

  5. Republic Bank & Trust Co. v. Bear Stearns & Co.

    683 F.3d 239 (6th Cir. 2012)   Cited 354 times   1 Legal Analyses
    Holding that fraudulent statements must be specifically alleged, including the time and place the statements were made

  6. Morse v. McWhorter

    290 F.3d 795 (6th Cir. 2002)   Cited 456 times
    Holding that in considering Rule 59(e) and Rule 15 motions in tandem, the court must consider the "competing interests of the parties and likelihood of prejudice to the opponent."

  7. Moore v. City of Paducah

    790 F.2d 557 (6th Cir. 1986)   Cited 673 times
    Holding it was abuse of discretion to deny amendment because of undue delay where there was only "relatively light prejudice" to defendant

  8. Glazer v. Chase Home Finance LLC

    704 F.3d 453 (6th Cir. 2013)   Cited 294 times   12 Legal Analyses
    Holding that all “mortgage foreclosure is debt collection” for the purposes of the FDCPA

  9. PR Diamonds, Inc. v. Chandler

    364 F.3d 671 (6th Cir. 2004)   Cited 362 times
    Holding that the defendants' access to financial reports and control over public earnings statements were insufficient to support a finding of scienter absent more particular facts

  10. Begala v. PNC Bank, Ohio, National Ass'n

    214 F.3d 776 (6th Cir. 2000)   Cited 351 times
    Holding that "the [District] Court did not permit Plaintiffs to amend the complaint because they did not [properly] move to do so" and that was not an abuse of discretion

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 165,126 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 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 116,950 times   200 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,503 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 35,862 times   55 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  15. Section 77d - Exempted transactions

    15 U.S.C. § 77d   Cited 474 times   9 Legal Analyses
    Exempting "transactions by an issuer not involving any public offering"