§Why CasetextPricing

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

MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss the Consolidated Complaint.. Document

44 Cited authorities

  1. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 2,015 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  2. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 1,012 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"

  3. Bayerische Landesbank v. Aladdin Capital Mgmt. LLC

    692 F.3d 42 (2d Cir. 2012)   Cited 712 times
    Holding that where a New York branch of a foreign bank "is not separately incorporated, [it] has no legal identity separate from [the parent Bank]"

  4. Simkin v. Blank

    2012 N.Y. Slip Op. 2413 (N.Y. 2012)   Cited 413 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

  5. In re Morgan Stanley Infor

    592 F.3d 347 (2d Cir. 2010)   Cited 429 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

  6. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 665 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

  7. J.A.O. Acquisition Corp. v. Stavitsky

    2007 N.Y. Slip Op. 1196 (N.Y. 2007)   Cited 398 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

  8. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 288 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

  9. HSH Nordbank AG v. UBS AG

    95 A.D.3d 185 (N.Y. App. Div. 2012)   Cited 182 times   1 Legal Analyses
    Holding that data "derived from publicly available market information" was "not peculiarly within UBS's knowledge"

  10. Stuart v. American Cyanamid Company

    158 F.3d 622 (2d Cir. 1998)   Cited 263 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

  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 354,229 times   943 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 160,289 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 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,078 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."

  15. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 589 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