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Danner v. Caesars Entertainment Corporation et al

MEMORANDUM OF LAW in Opposition re: 8 MOTION to Dismiss . . Document

34 Cited authorities

  1. 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

  2. Kassner v. 2nd Avenue Delicatessen Inc.

    496 F.3d 229 (2d Cir. 2007)   Cited 1,705 times   3 Legal Analyses
    Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"

  3. Bayerische Landesbank v. Aladdin Capital Mgmt. LLC

    692 F.3d 42 (2d Cir. 2012)   Cited 751 times
    Holding that a limited liability company “takes the citizenship of each of its members” for diversity purposes

  4. Dalton v. Educ. Testing Serv

    87 N.Y.2d 384 (N.Y. 1995)   Cited 916 times   4 Legal Analyses
    Holding that defendant testing service breached the implied covenant by ignoring evidence it invited the plaintiff to submit

  5. Starr v. Sony BMG Music Entm't

    592 F.3d 314 (2d Cir. 2010)   Cited 567 times   4 Legal Analyses
    Holding that a plaintiff need only "alleged specific facts sufficient to plausibly suggest that the parallel conduct alleged was the result of an agreement among the defendants"

  6. Diesel Props S.r.l. v. Greystone Business Credit II LLC

    631 F.3d 42 (2d Cir. 2011)   Cited 399 times
    Holding that in order for a party to be bound or liable under a contract there must be a contract between the parties

  7. Ellington Credit Fund, Ltd. v. Select Portfolio Servicing, Inc.

    837 F. Supp. 2d 162 (S.D.N.Y. 2011)   Cited 281 times
    Holding that trustees did not have any "monitoring or safeguarding duties beyond those explicitly provided in the PSA"

  8. Cruden v. Bank of New York

    957 F.2d 961 (2d Cir. 1992)   Cited 490 times   1 Legal Analyses
    Holding that a RICO injury does not occur until a debtor defaults on promised principal and equity payments

  9. Quadrant Structured Prods. Co. v. Vertin

    2014 N.Y. Slip Op. 4114 (N.Y. 2014)   Cited 163 times   7 Legal Analyses
    Holding that textual omissions in a "no-action clause" placed limits on the situations in which certain parties could and could not bring suit to enforce a contract

  10. Unitrin, Inc. v. American General Corp.

    651 A.2d 1361 (Del. 1995)   Cited 268 times   2 Legal Analyses
    Holding that burden rests on board of directors which has taken draconian, e.g., coercive, measures in response to hostile tender offer

  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 1331 - Federal question

    28 U.S.C. § 1331   Cited 100,847 times   140 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 77ppp - Directions and waivers by bondholders; prohibition of impairment of holder's right to payment; record date

    15 U.S.C. § 77ppp   Cited 55 times   8 Legal Analyses
    Prohibiting modification of right to receive payment without noteholder's consent "except ... as provided in paragraph of subsection of this section."