§Why CasetextPricing

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

MEMORANDUM OF LAW in Opposition re:

42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,314 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. EBC I, Inc. v. Goldman, Sachs & Co.

    5 N.Y.3d 11 (N.Y. 2005)   Cited 2,070 times   1 Legal Analyses
    Holding that underwriter of initial public offering had fiduciary duty to disclose to issuer its "compensation arrangements with its customers," whereby it was to receive percentage of profits generated in post-offering resales

  3. Sommer v. Federal Signal Corp.

    79 N.Y.2d 540 (N.Y. 1992)   Cited 931 times   2 Legal Analyses
    Holding that, in New York, "a party may not insulate itself from damages caused by grossly negligent conduct" through an exculpatory clause

  4. Subaru Distributors v. Subaru of America

    425 F.3d 119 (2d Cir. 2005)   Cited 339 times
    Holding that a contract's requiring a party "to appoint sub-distributors does not, as a matter of law, make the sub-distributors intended beneficiaries"

  5. Credit Corp. v. Andersen Co.

    65 N.Y.2d 536 (N.Y. 1985)   Cited 474 times   3 Legal Analyses
    Holding that multiple, direct and substantive communications and personal meetings with the relying customers established a relationship sufficiently approaching privity

  6. Oster v. Kirschner

    77 A.D.3d 51 (N.Y. App. Div. 2010)   Cited 193 times   1 Legal Analyses
    Holding that lawyer's material omissions in a POM establishes both the knowledge and substantial assistance elements of an aiding and abetting claim

  7. Prudential Ins Co v. Dewey

    80 N.Y.2d 377 (N.Y. 1992)   Cited 316 times
    Holding near privity existed between law firm and non-client third party where law firm addressed and sent opinion letter to non-client and knew non-client would rely on letter in making a debt restructuring decision

  8. Colnaghi, U.S.A., Ltd. v. Jewelers Protection Serv

    81 N.Y.2d 821 (N.Y. 1993)   Cited 308 times   4 Legal Analyses
    Finding that expert's affidavit stating, inter alia, that alarm company's actions fell "`far below professional standards and customary practice in the industry'" failed to raise question of gross negligence

  9. Madeira v. Affordable Housing Foundation, Inc.

    469 F.3d 219 (2d Cir. 2006)   Cited 171 times   2 Legal Analyses
    Holding that there is nothing to support "an inference that Congress, by enacting IRCA, demonstrated a clear and manifest intent to supersede—at least where illegal aliens are concerned—traditional state tort or labor laws determining the compensatory damages recoverable for personal injuries"

  10. Kalisch-Jarcho, Inc. v. City of New York

    58 N.Y.2d 377 (N.Y. 1983)   Cited 325 times   5 Legal Analyses
    Holding that a no damage-for-delay clause would be unenforceable where a party had acted with "bad faith and with deliberate intent"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,673 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,122 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity