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Chilton et al v. Smith Barney Fund Management LLC et al

MEMORANDUM OF LAW in Opposition re: 220 MOTION to Dismiss Counts I and II Of The Fourth Consolidated And Amended Complaint., 217 MOTION to Dismiss Fourth Consolidated and Amended Complaint. WITH CORRECTED TABLES. Document

98 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 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' "

  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,752 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,114 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,278 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  5. Irwin v. Dep't of Veterans Affairs

    498 U.S. 89 (1990)   Cited 4,539 times   8 Legal Analyses
    Holding that a statutory time limit with the same characteristics is subject to equitable tolling

  6. Krupski v. Costa Crociere S. P. A.

    560 U.S. 538 (2010)   Cited 1,267 times   2 Legal Analyses
    Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury

  7. Shady Grove Orthopedic v. Allstate Ins. Co.

    559 U.S. 393 (2010)   Cited 1,155 times   44 Legal Analyses
    Holding that rules of civil procedure allowing multiple claims to be litigated together "neither change plaintiffs' separate entitlements to relief nor abridge defendants' rights; they alter only how the claims are processed"

  8. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,181 times   80 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

  9. Janus Capital Group Inc. v. First Derivative Traders

    564 U.S. 135 (2011)   Cited 567 times   104 Legal Analyses
    Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

  10. Lampf v. Gilbertson

    501 U.S. 350 (1991)   Cited 1,114 times   6 Legal Analyses
    Holding comparable bar not subject to equitable tolling

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,426 times   91 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

  12. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 3,981 times   20 Legal Analyses
    Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

  13. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,193 times   133 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"