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Dimensional Emerging Markets Value Fund et al v. Petroleo Brasileiro S.A.- Petrobras

MEMORANDUM OF LAW in Opposition re: 16 MOTION to Dismiss /Certain Defendants' Notice of Motion to Dismiss the Individual Action Complaints. . Document

53 Cited authorities

  1. Morrison v. National Australia Bank Ltd.

    561 U.S. 247 (2010)   Cited 1,513 times   178 Legal Analyses
    Holding extraterritorial application of a statute is a merits question, not a question of subject matter jurisdiction

  2. Sprint Communications Co. v. APCC Services, Inc.

    554 U.S. 269 (2008)   Cited 834 times   8 Legal Analyses
    Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable

  3. Pinter v. Dahl

    486 U.S. 622 (1988)   Cited 877 times   16 Legal Analyses
    Holding that only a statutory "seller" may be liable under § 12 of Securities Act

  4. Cortlandt St. Recovery Corp. v. Hellas Telecomms.

    790 F.3d 411 (2d Cir. 2015)   Cited 677 times   1 Legal Analyses
    Holding that a court may dismiss an action for lack of subject matter jurisdiction under Rule 12(b) when the court "lacks the statutory or constitutional power to adjudicate it." (quoting Makarova v. United States, 201 F.3d 110, 113 (2d Cir. 2000))

  5. In re Morgan Stanley Infor

    592 F.3d 347 (2d Cir. 2010)   Cited 443 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. W.R. Huff v. Deloitte Touche

    549 F.3d 100 (2d Cir. 2008)   Cited 402 times   3 Legal Analyses
    Holding that an interest in recovering attorney's fees, alone, is insufficient to create Article III standing

  7. Advanced Magnetics, Inc. v. Bayfront Partners

    106 F.3d 11 (2d Cir. 1997)   Cited 478 times
    Holding that, even though district court retains discretion despite Rule 17 to dismiss an action for failure to commence in the name of the real party in interest, "substitution . . . should be liberally allowed when the change is merely formal and in no way alters the original complaint's factual allegations as to the events or the participants"

  8. In re Initial Public Offering Securities

    241 F. Supp. 2d 281 (S.D.N.Y. 2003)   Cited 302 times
    Holding that market manipulation creates a duty to disclose

  9. Absolute Activist Value Master Fund Ltd. v. Ficeto

    677 F.3d 60 (2d Cir. 2012)   Cited 228 times   22 Legal Analyses
    Holding that the complaint must sufficiently allege domestic purchases to state a claim under § 10(b)

  10. Lee v. Bankers Trust Co.

    166 F.3d 540 (2d Cir. 1999)   Cited 303 times
    Holding that, pursuant to the Act, a bank was immune from defamation claim brought by its former managing director on the ground that the bank allegedly reported that he had transferred unclaimed accounts to the bank instead of allowing it to escheat to the state

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,974 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,847 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 77p - Additional remedies; limitation on remedies

    15 U.S.C. § 77p   Cited 450 times   16 Legal Analyses
    Allowing certain securities class actions to be removed to federal court