44 Cited authorities

Kramer v. Time Warner Inc.
937 F.2d 767 (2d Cir. 1991) Cited 2,061 times 1 Legal Analyses
Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
Lentell v. Merrill Lynch Co., Inc.
396 F.3d 161 (2d Cir. 2005) Cited 1,026 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"
Bayerische Landesbank v. Aladdin Capital Mgmt. LLC
692 F.3d 42 (2d Cir. 2012) Cited 768 times
Holding that a limited liability company “takes the citizenship of each of its members” for diversity purposes
Simkin v. Blank
2012 N.Y. Slip Op. 2413 (N.Y. 2012) Cited 449 times
Declining to reform marital settlement agreement under theory of mutual mistake or order restitution for unjust enrichment where complaining spouse received BLMIS account, now worth significantly less than believed at the time of the agreement
In re Morgan Stanley Infor
592 F.3d 347 (2d Cir. 2010) Cited 446 times 3 Legal Analyses
Affirming the district court's dismissal of a Section 15 claim where the plaintiffs' Section 11 and 12 claims were properly dismissed
First Nationwide Bank v. Gelt Funding Corp.
27 F.3d 763 (2d Cir. 1994) Cited 678 times
Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint
J.A.O. Acquisition Corp. v. Stavitsky
2007 N.Y. Slip Op. 1196 (N.Y. 2007) Cited 405 times
Holding that there was no reasonable reliance because the "plaintiff was or should have been aware" of the financial situation of the company despite the defendant's representations
Global Financial Corp. v. Triarc Corp.
93 N.Y.2d 525 (N.Y. 1999) Cited 292 times
Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute
HSH Nordbank AG v. UBS AG
95 A.D.3d 185 (N.Y. App. Div. 2012) Cited 183 times 2 Legal Analyses
Holding that data "derived from publicly available market information" was "not peculiarly within UBS's knowledge"
Stuart v. American Cyanamid Company
158 F.3d 622 (2d Cir. 1998) Cited 266 times
Discussing a Nebraska statute of repose forbidding product liability suits brought more than ten years after the product that allegedly caused injury was delivered to the end consumer
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 364,364 times 963 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 165,340 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,338 times 338 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 30,059 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 202 - Cause of action accruing without the state
N.Y. CPLR 202 Cited 596 times
Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

Deutsche Zentral-Genossenchaftsbank AG, New York Branch v. HSBC North America Holdings, Inc. et al

44 Cited authorities

Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

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"

Holding that a limited liability company “takes the citizenship of each of its members” for diversity purposes

Declining to reform marital settlement agreement under theory of mutual mistake or order restitution for unjust enrichment where complaining spouse received BLMIS account, now worth significantly less than believed at the time of the agreement

Affirming the district court's dismissal of a Section 15 claim where the plaintiffs' Section 11 and 12 claims were properly dismissed

Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

Holding that there was no reasonable reliance because the "plaintiff was or should have been aware" of the financial situation of the company despite the defendant's representations

Holding that data "derived from publicly available market information" was "not peculiarly within UBS's knowledge"

Discussing a Nebraska statute of repose forbidding product liability suits brought more than ten years after the product that allegedly caused injury was delivered to the end consumer

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does