§Why CasetextPricing

Cannaday et al v. Morgan Asset Management, Inc. et al

MEMORANDUM in Support re

32 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,684 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Jackson v. City of Columbus

    194 F.3d 737 (6th Cir. 1999)   Cited 578 times
    Holding that police chief's suspension with pay was not an adverse employment action

  3. U.S. v. Ford Motor

    532 F.3d 496 (6th Cir. 2008)   Cited 417 times   1 Legal Analyses
    Holding that relator failed to “include specific examples of the defendant's claims for payment” when it alleged defendant entered into an “undetermined number of contracts with the federal government”

  4. County Comm., Caroline Cty. v. J. Roland Dashiell Sons

    358 Md. 83 (Md. 2000)   Cited 329 times
    Holding that a contract implied in law cannot supplant an express contract governing the same subject

  5. Lipsky v. Com. United Corp.

    551 F.2d 887 (2d Cir. 1976)   Cited 603 times
    Holding that references to a complaint in a separate action against the defendant by the SEC were properly stricken from the plaintiff's complaint where the case was not actually adjudicated

  6. In re Chateaugay Corp.

    10 F.3d 944 (2d Cir. 1993)   Cited 301 times   3 Legal Analyses
    Holding that in order to rebut the presumption of mootness of an appeal of a bankruptcy court-approved confirmation plan, appellant must show that effective, practical relief is possible

  7. In re Bank of America Corp. Securities, Derivative

    757 F. Supp. 2d 260 (S.D.N.Y. 2010)   Cited 175 times   1 Legal Analyses
    Holding that Rule 9(b) does not apply to Section 14 claims sounding in negligence

  8. Desert Equities v. Morgan Stanley Leveraged

    624 A.2d 1199 (Del. 1993)   Cited 271 times   1 Legal Analyses
    Holding that "[f]or purposes of determining defendants’ Rule 12(c) motion, the trial court was required to accept as true the allegations that the General Partner had acted in bad faith and in a retaliatory manner or, at the very least, was required to infer such from the allegations in the complaint."

  9. Shenker v. Laureate Education

    411 Md. 317 (Md. 2009)   Cited 133 times   5 Legal Analyses
    Holding that a defendant needed to owe a plaintiff a fiduciary duty before he could have the capacity to engage in a civil conspiracy based on the underlying tort of breach of fiduciary duty

  10. Jackson Nat. Life Ins. Co. v. Kennedy

    741 A.2d 377 (Del. Ch. 1999)   Cited 148 times
    Holding that "it is axiomatic" that the plaintiffs had sufficiently pled certain elements of unjust enrichment, having sufficiently pled that the defendants breached their fiduciary duties or aided and abetted the breach

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,394 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,200 times   336 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 80a-17 - Transactions of certain affiliated persons and underwriters

    15 U.S.C. § 80a-17   Cited 87 times   2 Legal Analyses
    Codifying Section 17 of the 1940 Act, which recognizes that mutual fund investment advisers may be affiliated with broker-dealers and regulates in considerable detail the circumstances under which the affiliated entities may, and may not, transact business