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Bank of Montreal v. Optionable, Inc. et al

MEMORANDUM OF LAW in Opposition re: 42 MOTION to Dismiss the Complaint., 40 MOTION to Dismiss Notice of Motion., 37 MOTION to Dismiss., 47 MOTION to Dismiss the Complaint., 55 MOTION to Dismiss Notice of Motion., 61 MOTION to Dismiss.. Document

108 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,589 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,823 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,453 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,987 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  5. Cuoco v. Moritsugu

    222 F.3d 99 (2d Cir. 2000)   Cited 4,854 times
    Holding that a pro se plaintiff should be "grant[ed] leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated" but leave to amend may be properly denied as "futile"

  6. Pinter v. Dahl

    486 U.S. 622 (1988)   Cited 872 times   16 Legal Analyses
    Holding that only a statutory "seller" may be liable under § 12 of Securities Act

  7. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 3,048 times
    Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"

  8. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,230 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

  9. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,857 times   5 Legal Analyses
    Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

  10. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 1,182 times   4 Legal Analyses
    Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,946 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 93,811 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

  13. Rule 404 - Character Evidence; Other Crimes, Wrongs, or Acts.

    Fed. R. Evid. 404   Cited 17,127 times   66 Legal Analyses
    Recognizing that even uncharged similar acts can be probative of a defendant's intent and knowledge concerning charged offenses

  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,667 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  15. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,584 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  16. Rule 609 - Impeachment by Evidence of a Criminal Conviction

    Fed. R. Evid. 609   Cited 4,523 times   15 Legal Analyses
    Adopting a ten-year time limit, absent unusual circumstances, on the use of prior convictions for impeachment purposes

  17. Rule 802 - The Rule Against Hearsay

    Fed. R. Evid. 802   Cited 3,974 times   12 Legal Analyses
    Recognizing federal statutes, the Federal Rules of Evidence, or Supreme Court rules as sources for exceptions to the rule against hearsay

  18. Section 1411 - Damages recoverable when contributory negligence or assumption of risk is established

    N.Y. CPLR 1411   Cited 513 times
    Setting forth New York's pure comparative fault rule