§Why CasetextPricing

CURD et al v. SEI INVESTMENTS MANAGEMENT CORPORATION

REPLY to Response to Motion re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.

    998 F.2d 1192 (3d Cir. 1993)   Cited 6,380 times
    Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

  4. ALA, Inc. v. CCAIR, Inc.

    29 F.3d 855 (3d Cir. 1994)   Cited 777 times   2 Legal Analyses
    Holding that statute of frauds defense may be raised on a motion to dismiss

  5. Mele v. Federal Reserve Bank of New York

    359 F.3d 251 (3d Cir. 2004)   Cited 383 times
    Holding that when an employee was terminated for violating his employer's personnel guide, that guide formed the “heart” of the complaint and could be considered at the motion to dismiss stage

  6. Jones v. Harris Associates

    559 U.S. 335 (2010)   Cited 89 times   29 Legal Analyses
    Holding that deference is due where a board's process “for negotiating and reviewing investment-adviser compensation is robust”

  7. Amron v. Morgan Stanley Investment Advisors Inc.

    464 F.3d 338 (2d Cir. 2006)   Cited 139 times   1 Legal Analyses
    Holding that in opposing a motion to dismiss, "bald assertions and conclusions of law will not suffice"

  8. Hoffman v. Ubs-Ag

    591 F. Supp. 2d 522 (S.D.N.Y. 2008)   Cited 39 times   2 Legal Analyses
    Holding that plaintiffs lacked standing to bring securities claims relating to funds that plaintiffs did not own

  9. Kasilag v. Hartford Inv. Fin. Servs., LLC

    Civil No. 11-1083 (RMB/KMW) (D.N.J. Dec. 17, 2012)   Cited 10 times   1 Legal Analyses
    Finding allegations that adviser kept significant portion of fees though it sub-contracted "substantially all" of its advising responsibilities sufficient to state a § 36(b) claim

  10. In re Dreyfus Mut. Funds Fee Litigation

    428 F. Supp. 2d 342 (W.D. Pa. 2005)   Cited 12 times
    Concluding that section 34(b) does not confer a private right of action because "a cross-reference to another statute that happens to mention the phrase `for the protection of investors' is not enough to transform an unambiguous `person regulated' section into a `person benefitted' section"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 80a-35 - Breach of fiduciary duty

    15 U.S.C. § 80a-35   Cited 311 times   6 Legal Analyses
    Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”

  13. Section 80a-2 - Definitions; applicability; rulemaking considerations

    15 U.S.C. § 80a-2   Cited 244 times   18 Legal Analyses
    Defining "interested person"