24 Cited authorities

Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,547 times 105 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,240 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"
Shields v. Citytrust Bancorp, Inc.
25 F.3d 1124 (2d Cir. 1994) Cited 1,870 times 5 Legal Analyses
Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"
Kaufman v. Cohen
307 A.D.2d 113 (N.Y. App. Div. 2003) Cited 1,186 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
In re Advanta Corp. Securities Litigation
180 F.3d 525 (3d Cir. 1999) Cited 644 times
Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."
Global Mins. v. Holme
35 A.D.3d 93 (N.Y. App. Div. 2006) Cited 476 times 2 Legal Analyses
Holding that reliance on alleged misrepresentations was unreasonable as a matter of law
Armstrong v. McAlpin
699 F.2d 79 (2d Cir. 1983) Cited 472 times
Holding that appellants' "generalized and conclusory allegations of fraudulent concealment do not satisfy the requirements" of Rule 9 of the Federal Rules of Civil Procedure
Meisel v. Grunberg
651 F. Supp. 2d 98 (S.D.N.Y. 2009) Cited 132 times
Holding that actions outside the scope of the agent's authority cannot be imputed to the principal
Kolbeck v. LIT America, Inc.
939 F. Supp. 240 (S.D.N.Y. 1996) Cited 124 times
Finding proximate cause lacking where line of causation involved investigation by defendant and subsequent conduct by investigated third party
Fraternity Fund v. Beacon Hill Asset Management
479 F. Supp. 2d 349 (S.D.N.Y. 2007) Cited 86 times 1 Legal Analyses
Observing that the valuation of a collateralized mortgage obligation "may be considerably more a statement of opinion than a report of an objectively determinable fact," as such a valuation is not a "precise science"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,896 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Bank of Montreal v. Optionable, Inc. et al

24 Cited authorities

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

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"

Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

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

Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."

Holding that reliance on alleged misrepresentations was unreasonable as a matter of law

Holding that appellants' "generalized and conclusory allegations of fraudulent concealment do not satisfy the requirements" of Rule 9 of the Federal Rules of Civil Procedure

Holding that actions outside the scope of the agent's authority cannot be imputed to the principal

Finding proximate cause lacking where line of causation involved investigation by defendant and subsequent conduct by investigated third party

Observing that the valuation of a collateralized mortgage obligation "may be considerably more a statement of opinion than a report of an objectively determinable fact," as such a valuation is not a "precise science"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."