§Why CasetextPricing

Dexia SA/NV et al v. Bear, Stearns & Co., Inc. et al

MEMORANDUM OF LAW in Opposition re: [17] MOTION to Dismiss

63 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,542 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 4,016 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  3. Lone Star Fund v. Barclays Bank

    594 F.3d 383 (5th Cir. 2010)   Cited 2,002 times
    Holding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"

  4. Virginia Bankshares, Inc. v. Sandberg

    501 U.S. 1083 (1991)   Cited 620 times   22 Legal Analyses
    Holding that § 14 liability may not be established on "mere disbelief or undisclosed motive without any demonstration that the proxy statement was false or misleading"

  5. Novak v. Kasaks

    216 F.3d 300 (2d Cir. 2000)   Cited 1,634 times   9 Legal Analyses
    Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false

  6. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,239 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

  7. Chill v. General Electric Company

    101 F.3d 263 (2d Cir. 1996)   Cited 660 times   2 Legal Analyses
    Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"

  8. Suez Equity Investors, L.P. v. Toronto-Dominion Bank

    250 F.3d 87 (2d Cir. 2001)   Cited 567 times   1 Legal Analyses
    Holding that the scienter of an agent of a corporate defendant is attributable to the corporation as a primary violator of § 10(b) and Rule 10b-5

  9. Global Mins. v. Holme

    35 A.D.3d 93 (N.Y. App. Div. 2006)   Cited 476 times   2 Legal Analyses
    Holding that reliance on alleged misrepresentations was unreasonable as a matter of law

  10. Emergent Capital Inv. v. Stonepath Group, Inc.

    343 F.3d 189 (2d Cir. 2003)   Cited 492 times   2 Legal Analyses
    Holding that, in a material misstatement or omission securities fraud action, plaintiffs must allege a price correction to adequately plead loss causation

  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. Rule 17 - Plaintiff and Defendant; Capacity; Public Officers

    Fed. R. Civ. P. 17   Cited 9,582 times   23 Legal Analyses
    Providing that, for this type of entity, "[c]apacity to sue or be sued is determined . . . by the law of the state where the court is located"