§Why CasetextPricing

Criterium Capital Funds B.V. et al v. Madoff et al

MEMORANDUM OF LAW in Opposition re: 90 MOTION to Dismiss the Amended Consolidated Class Action Complaint., 73 MOTION to Dismiss Notice of Motion to Dismiss the Amended Complaint., 79 MOTION to Dismiss., 101 MOTION to Dismiss., 85 MOTION to Dismiss The Amended Consolidated Class Action Complaint., 66 MOTION to Dismiss the Amended Consolidated Class Action Complaint w/ Prejudice., 98 MOTION to Dismiss for Lack of Jurisdiction.. Document

157 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 times   367 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' "

  3. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 56,551 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

  4. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,266 times   139 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"

  5. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,003 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  6. World-Wide Volkswagen Corp. v. Woodson

    444 U.S. 286 (1980)   Cited 10,906 times   32 Legal Analyses
    Holding that an Oklahoma court could not exercise personal jurisdiction over a car retailer when the retailer's only connection to Oklahoma was the fact that a car sold in New York became involved in an accident in Oklahoma

  7. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,481 times   177 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  8. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,428 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  9. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,784 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  10. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,914 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  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 351,086 times   937 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 158,801 times   196 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 39,307 times   323 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,578 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  15. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. CPLR 302   Cited 4,253 times   5 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

  16. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 907 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

  17. Section 352 - Investigation by attorney-general

    N.Y. Gen. Bus. Law § 352   Cited 221 times   9 Legal Analyses
    Observing that in such situations "a witness subpoenaed to appear * * * has no constitutional right to * * * counsel" [supra, at 65]

  18. Section 77r - Exemption from State regulation of securities offerings

    15 U.S.C. § 77r   Cited 203 times   9 Legal Analyses
    Recognizing state authority to regulate offerings of securities that are completely intra-state