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Chateau Fiduciaire S.A. v. Argus International Life Bermuda Limited et al

MEMORANDUM OF LAW in Opposition re:

59 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,336 times   364 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' "

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

    459 F.3d 273 (2d Cir. 2006)   Cited 1,186 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"

  3. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,805 times   5 Legal Analyses
    Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

  4. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 1,165 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

  5. Aetna Cas. and Sur. v. Aniero Concrete

    404 F.3d 566 (2d Cir. 2005)   Cited 696 times
    Holding that a duty to disclose can arise when a party has made a partial or ambiguous statement

  6. Dalton v. Educ. Testing Serv

    87 N.Y.2d 384 (N.Y. 1995)   Cited 880 times   3 Legal Analyses
    Holding that defendant testing service breached the implied covenant by ignoring evidence it invited the plaintiff to submit

  7. First Capital Asset Mgmt. v. Satinwood, Inc.

    385 F.3d 159 (2d Cir. 2004)   Cited 632 times
    Holding that predicate acts over two-and-a-half years did not constitute closed-ended continuity because the complaint "alleged that [defendant] engaged in a single scheme to defraud two creditors by quickly moving his assets to his relatives and then concealing the existence of those assets during his bankruptcy proceeding"

  8. Ryder Energy Dist. v. Merrill Lynch Commod

    748 F.2d 774 (2d Cir. 1984)   Cited 1,076 times   2 Legal Analyses
    Referring to motion to dismiss

  9. Suez Equity Investors, L.P. v. Toronto-Dominion Bank

    250 F.3d 87 (2d Cir. 2001)   Cited 553 times   1 Legal Analyses
    Holding that the scienter of an agent of a corporate defendant is attributable to the corporation as a primary violator of § 10(b) and Rule 10b-5

  10. Hydro Investors v. Trafalgar Power Inc.

    227 F.3d 8 (2d Cir. 2000)   Cited 489 times   2 Legal Analyses
    Holding that contribution may lie for breach of contract actions in the "limited class of cases involving liability for the violation of a professional duty"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,442 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,439 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  13. 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. CPLR 213   Cited 5,402 times   6 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"