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Brookfield Asset Management, Inc. et al v. AIG Financial Products Corp. et al

MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss.. Document

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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 267,097 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. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 7,726 times   14 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys

  4. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 6,543 times
    Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

  5. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,257 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

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

    493 F.3d 87 (2d Cir. 2007)   Cited 3,876 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

  7. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,389 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  8. Eternity Global Master Fund Ltd. v. Morgan Guaranty Trust Co.

    375 F.3d 168 (2d Cir. 2004)   Cited 1,220 times   3 Legal Analyses
    Holding that, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"

  9. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,989 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  10. Rothman v. Gregor

    220 F.3d 81 (2d Cir. 2000)   Cited 1,324 times   1 Legal Analyses
    Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,726 times   210 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  13. Section 704 - Duties of trustee

    11 U.S.C. § 704   Cited 2,673 times   11 Legal Analyses
    Holding one of the trustee's duties is to "investigate the financial affairs of the debtor"

  14. Section 301 - Voluntary cases

    11 U.S.C. § 301   Cited 1,445 times   4 Legal Analyses
    Describing filing of petition

  15. Section 1108 - Authorization to operate business

    11 U.S.C. § 1108   Cited 606 times   2 Legal Analyses
    Granting a chapter 11 debtor, with some exceptions, all the rights and powers of a trustee

  16. Section 1106 - Duties of trustee and examiner

    11 U.S.C. § 1106   Cited 492 times   5 Legal Analyses
    Incorporating § 704

  17. Section 278 - Continuation of corporation after dissolution for purposes of suit and winding up affairs

    Del. Code tit. 8 § 278   Cited 173 times   7 Legal Analyses

    All corporations, whether they expire by their own limitation or are otherwise dissolved, shall nevertheless be continued, for the term of 3 years from such expiration or dissolution or for such longer period as the Court of Chancery shall in its discretion direct, bodies corporate for the purpose of prosecuting and defending suits, whether civil, criminal or administrative, by or against them, and of enabling them gradually to settle and close their business, to dispose of and convey their property

  18. Section 275 - Dissolution generally; procedure

    Del. Code tit. 8 § 275   Cited 29 times
    Describing procedures for dissolution generally

  19. Section 284 - Revocation or forfeiture of charter; proceedings

    Del. Code tit. 8 § 284   Cited 3 times

    (a) Upon motion by the Attorney General, the Court of Chancery shall have jurisdiction to revoke or forfeit the charter of any corporation for abuse, misuse or nonuse of its corporate powers, privileges or franchises. The Attorney General shall proceed for this purpose by complaint in the Court of Chancery. (b) The Court of Chancery shall have power, by appointment of trustees, receivers or otherwise, to administer and wind up the affairs of any corporation whose charter shall be revoked or forfeited