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Federal Deposit Insurance Corporation As Receiver For Colonial Bank v. Chase Mortgage Finance Corp. et al

MEMORANDUM OF LAW in Opposition re: 75 MOTION to Dismiss the Amended Complaint.. Document

83 Cited authorities

  1. Merck Co. v. Reynolds

    559 U.S. 633 (2010)   Cited 661 times   18 Legal Analyses
    Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely

  2. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,115 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  3. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,311 times   11 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

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

    396 F.3d 161 (2d Cir. 2005)   Cited 998 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"

  5. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 861 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"

  6. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 658 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

  7. New Jersey Carpenters Health Fund v. Royal Bank of Scotland Group, PLC

    709 F.3d 109 (2d Cir. 2013)   Cited 292 times   1 Legal Analyses
    Holding statements in RMBS prospectus supplements could be material

  8. Wight v. Bankamerica Corp.

    219 F.3d 79 (2d Cir. 2000)   Cited 425 times   1 Legal Analyses
    Holding that judicial estoppel did not apply where the allegedly inconsistent position was not considered by the prior court

  9. Tregenza v. Great American Communications Co.

    12 F.3d 717 (7th Cir. 1993)   Cited 453 times   1 Legal Analyses
    Holding that an affidavit considered by a trial court during a motion to dismiss converts a motion to dismiss to a motion for summary judgment

  10. In re International Business Machines

    163 F.3d 102 (2d Cir. 1998)   Cited 319 times   1 Legal Analyses
    Holding that opinions or projections are actionable if supported by “specific statements of fact,” or if “the speaker does not genuinely or reasonably believe them”

  11. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,938 times   54 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

  12. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,375 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  13. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,113 times   85 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  14. Section 77b - Definitions; promotion of efficiency, competition, and capital formation

    15 U.S.C. § 77b   Cited 1,404 times   27 Legal Analyses
    Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"

  15. Section 77m - Limitation of actions

    15 U.S.C. § 77m   Cited 954 times   29 Legal Analyses
    Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

  16. Section 77o - Liability of controlling persons

    15 U.S.C. § 77o   Cited 804 times   8 Legal Analyses
    Imposing liability on persons who "control[] any person liable" under §§ 11 or 12