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Atlantica Holdings, Inc. et al v. BTA Bank JSC

MEMORANDUM OF LAW in Support re: 42 MOTION to Dismiss . MOTION to Stay / Defendant "BTA Bank" JSC's Notice of Motion to Dismiss or Stay in Favor of Arbitration. . Document

81 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,314 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,259 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,114 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,603 times   236 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  5. Walden v. Fiore

    571 U.S. 277 (2014)   Cited 4,292 times   49 Legal Analyses
    Holding that “the mere fact that [defendant's] conduct affected plaintiffs with connections to the forum State does not suffice to authorize jurisdiction.”

  6. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,547 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  7. Asahi Metal Indus. Co. Ltd. v. Superior Court

    480 U.S. 102 (1987)   Cited 4,871 times   40 Legal Analyses
    Holding that, in suit by Taiwanese manufacturer for indemnification against Japanese manufacturer, the assertion by California court of personal jurisdiction over Japanese manufacturer was unreasonable

  8. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,458 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  9. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,345 times   307 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  10. Shearson/Am. Express Inc. v. McMahon

    482 U.S. 220 (1987)   Cited 1,797 times   18 Legal Analyses
    Holding that an arbitration clause was enforceable under the Federal Arbitration Act with respect to a claim under the Securities Exchange Act of 1934

  11. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,460 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  12. Section 4 - Failure to arbitrate under agreement; petition to United States court having jurisdiction for order to compel arbitration; notice and service thereof; hearing and determination

    9 U.S.C. § 4   Cited 6,329 times   33 Legal Analyses
    Granting authority to federal courts to compel party to participate in arbitration where a valid arbitration agreement exists

  13. Section 201 - Enforcement of Convention

    9 U.S.C. § 201   Cited 1,401 times   20 Legal Analyses
    Providing that the New York Convention "shall be enforced in United States courts in accordance with [other provisions of the FAA]"

  14. Section 206 - Order to compel arbitration; appointment of arbitrators

    9 U.S.C. § 206   Cited 297 times   4 Legal Analyses
    Providing that " court having jurisdiction under [Chapter 2] may direct that arbitration be held in accordance with the agreement at any place therein provided for, whether that place is within or without the United States"

  15. Section 208 - Application

    9 U.S.C. § 208   Cited 243 times   3 Legal Analyses
    Providing that the FAA applies to arbitration clauses under the Convention except to the extent that the FAA conflicts with the Convention or its implementing legislation

  16. Section 1510 - Limited jurisdiction

    11 U.S.C. § 1510   Cited 5 times

    The sole fact that a foreign representative files a petition under section 1515 does not subject the foreign representative to the jurisdiction of any court in the United States for any other purpose. 11 U.S.C. § 1510 Added Pub. L. 109-8, title VIII, §801(a), Apr. 20, 2005, 119 Stat. 138. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATESection effective 180 days after Apr. 20, 2005, and not applicable with respect to cases commenced under this title before such effective date, except as otherwise

  17. Section 230.501 - Definitions and terms used in Regulation D

    17 C.F.R. § 230.501   Cited 153 times   20 Legal Analyses
    Defining "accredited investor" to include persons "who the issuer reasonably believes" are accredited

  18. Section 230.144A - Private resales of securities to institutions

    17 C.F.R. § 230.144A   Cited 29 times   5 Legal Analyses

    Preliminary Notes: 1. This section relates solely to the application of section 5 of the Act and not to antifraud or other provisions of the federal securities laws. 2. Attempted compliance with this section does not act as an exclusive election; any seller hereunder may also claim the availability of any other applicable exemption from the registration requirements of the Act. 3. In view of the objective of this section and the policies underlying the Act, this section is not available with respect