§Why CasetextPricing

Cline et al v. Touchtunes Music Corporation

REPLY MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss the Second Amended Class Action Complaint. . Document

24 Cited authorities

  1. Goshen v. Mut. Life Ins. Co. of New York

    98 N.Y.2d 314 (N.Y. 2002)   Cited 3,370 times   1 Legal Analyses
    Holding that disclaimers "do not establish a defense as a matter of law"

  2. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 998 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

  3. Cruz v. Fxdirectdealer, LLC

    720 F.3d 115 (2d Cir. 2013)   Cited 368 times
    Holding that certain entities alleged to be members of a RICO enterprise did not share a common purpose with the other defendants but analyzing whether any of the other defendants shared a common purpose

  4. Broder v. Cablevision Systems Corp.

    418 F.3d 187 (2d Cir. 2005)   Cited 430 times   1 Legal Analyses
    Holding that "[the implied covenant] can only impose an obligation consistent with other mutually agreed upon terms in the contract."

  5. In re Merrill Lynch Co., Inc. Res. Sec. Litig.

    273 F. Supp. 2d 351 (S.D.N.Y. 2003)   Cited 312 times
    Holding that among the materials that a court may consider in deciding a Rule 12(b) motion are: “ facts alleged in the complaint and documents attached to it or incorporated in it by reference, documents ‘integral' to the complaint and relied upon in it, even if not attached or incorporated by reference” and “facts of which judicial notice may properly be taken under Rule 201 of the Federal Rules of Evidence.”

  6. In re Livent, Inc. Noteholders Securities Litig.

    151 F. Supp. 2d 371 (S.D.N.Y. 2001)   Cited 257 times
    Holding that tortious interference of contract claim was preempted by SLUSA because plaintiffs alleged elsewhere that defendants engaged in a fraudulent scheme and proof of the scheme was necessary to proving tortious interference with contract

  7. Lenard v. Design Studio

    889 F. Supp. 2d 518 (S.D.N.Y. 2012)   Cited 183 times
    Adopting report and recommendation

  8. Chiste v. Hotels.com L.P.

    756 F. Supp. 2d 382 (S.D.N.Y. 2010)   Cited 140 times
    Holding that requests for injunctive relief are remedies and are dismissed with the underlying claim

  9. Andre Strishak Assoc. v. Hewlett Packard

    300 A.D.2d 608 (N.Y. App. Div. 2002)   Cited 161 times
    Holding that the section 349 claim was properly dismissed where the defendant represented that ink cartridges were included with the purchase of its printers but did not disclose that the cartridges were economy-size

  10. O'Brien v. Natl. Property Analysts

    719 F. Supp. 222 (S.D.N.Y. 1989)   Cited 227 times
    Holding that no liability attaches where accountant specifically attributes its financial assumptions to documents given to it by representatives of the limited partnership

  11. Section 350-A - False advertising

    N.Y. Gen. Bus. Law § 350-A   Cited 56 times

    1. The term "false advertising" means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. In determining whether any advertising is misleading, there shall be taken into account (among other things) not only representations made by statement, word, design, device, sound or any combination thereof, but also the extent to which the advertising fails to reveal facts material