§Why CasetextPricing

City of Ann Arbor Employees Retirement System v. Citigroup Mortgage Loan Trust Inc. et al

MEMORANDUM in Support re MOTION to Dismiss /Notice of Motion for an Order Dismissing the Amended Complaint, dated July 17, 2009 [Defendants' Memorandum of Law in Support of their Dismissal Motion with Annex, dated July 17, 2009]

42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,896 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,628 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts

  4. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,850 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  5. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,517 times   69 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

  6. Gustafson v. Alloyd Co.

    513 U.S. 561 (1995)   Cited 1,015 times   10 Legal Analyses
    Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

  7. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 679 times   44 Legal Analyses
    Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

  8. Cortec Indus., Inc. v. Sum Holding L.P.

    949 F.2d 42 (2d Cir. 1991)   Cited 3,047 times
    Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"

  9. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,436 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  10. ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.

    553 F.3d 187 (2d Cir. 2009)   Cited 942 times   2 Legal Analyses
    Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,131 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  15. Section 77 - Discrimination against neutral Americans in time of war

    15 U.S.C. § 77   Cited 1,812 times   12 Legal Analyses
    Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"

  16. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 837 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact