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Federal Housing Finance Agency v. HSBC North America Holdings Inc. et al

MEMORANDUM OF LAW in Support re: 456 MOTION for Judgment on the Pleadings Section 11 Individual Defendants' Motion for Partial Judgment on the Pleadings.. Document

10 Cited authorities

  1. Sellers v. M.C. Floor Crafters, Inc.

    842 F.2d 639 (2d Cir. 1988)   Cited 997 times
    Holding that judgment on the pleadings "is appropriate . . . where a judgment on the merits is possible merely by considering the contents of the pleadings"

  2. Burnette v. Carothers

    192 F.3d 52 (2d Cir. 1999)   Cited 580 times
    Holding that Eleventh Amendment immunity "extends to state agencies and to state officers who act on behalf of the state"

  3. Irish Lesbian and Gay Organization v. Giuliani

    143 F.3d 638 (2d Cir. 1998)   Cited 415 times
    Holding that denial of "particular opportunity" to exercise one's right to free speech "can give rise to a compensable injury"

  4. Burns Intern. Sec. Serv. v. Intern. Union Upgwa

    47 F.3d 14 (2d Cir. 1994)   Cited 275 times
    Holding that a Rule 12(c) motion should be granted when the movant is "entitled to judgment as a matter of law"

  5. George C. Frey Ready-Mixed Con. v. Pine Hill

    554 F.2d 551 (2d Cir. 1977)   Cited 200 times
    Finding summary judgment premature when the parties had not yet conducted discovery

  6. Shapiro v. Lynch, Pierce, Fenner Smith

    495 F.2d 228 (2d Cir. 1974)   Cited 154 times
    Holding that " Affiliated Ute surely warrants our conclusion that the requisite element of causation in fact has been established by the admitted withholding by defendants of material inside information which they were under an obligation to disclose, such information being clearly material in the sense that . . . reasonable investors might have considered it important in making their decision to purchase Douglas stock."

  7. Hous. Fin. Agency v. Countrywide Fin. Corp. (In re Countrywide Fin. Corp. Mortg.–Backed Sec. Litig.)

    932 F. Supp. 2d 1095 (C.D. Cal. 2013)   Cited 11 times
    Dismissing claims against individual defendants because false and misleading statements were added into final prospectus that was filed after they signed the registration statement

  8. 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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

    15 U.S.C. § 77k   Cited 2,114 times   86 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

  10. Section 230.430B - Prospectus in a registration statement after effective date

    17 C.F.R. § 230.430B   Cited 12 times
    Expanding the meaning of the "initial bona fide offering date" from the date of a post-effective registration statement amendment, to the date of a post-effective registration statement supplement, with regard to issuer and underwriter liability