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Financial Guaranty Insurance Company v. The Putnam Advisory Company, LLC

MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss the Second Amended Complaint. PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE SECOND AMENDED COMPLAINT. Document

27 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,187 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,562 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

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

    396 F.3d 161 (2d Cir. 2005)   Cited 1,003 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"

  6. Holmes v. Grubman

    568 F.3d 329 (2d Cir. 2009)   Cited 810 times
    Affirming order denying leave to amend after scheduling order deadline because "[t]he record [wa]s devoid of evidence supporting plaintiffs' contention that good cause existed for the District Court to modify its scheduling order"

  7. Pludeman v. Northern Leasing

    2008 N.Y. Slip Op. 4183 (N.Y. 2008)   Cited 587 times   4 Legal Analyses
    Finding that the very nature of the scheme, as alleged, gives rise to the reasonable inference that the defendants knew of or were involved in the fraud

  8. Selevan v. New York Thruway Authority

    584 F.3d 82 (2d Cir. 2009)   Cited 372 times
    Finding that plaintiffs had adequately articulated Article III injury by alleging that they have paid higher tolls as a result of defendant's policy

  9. HSH Nordbank AG v. UBS AG

    95 A.D.3d 185 (N.Y. App. Div. 2012)   Cited 179 times   1 Legal Analyses
    Holding that data "derived from publicly available market information" was "not peculiarly within UBS's knowledge"

  10. In re Wachovia Equity Securities Litigation

    753 F. Supp. 2d 326 (S.D.N.Y. 2011)   Cited 179 times   1 Legal Analyses
    Holding that Section 11 claim was not subject to Rule 9(b) when plaintiffs segregated their Securities Act negligence claims from their fraud-based claims, and that plaintiffs' allegations that defendants engaged in fraud did not preclude negligence-based claims against defendants as well

  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 348,148 times   929 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 3105 - Representations by the insured

    N.Y. Ins. Law § 3105   Cited 324 times   6 Legal Analyses
    Requiring "inducement"

  14. Section 3106 - Warranty defined; effect of breach

    N.Y. Ins. Law § 3106   Cited 53 times

    (a) In this section "warranty" means any provision of an insurance contract which has the effect of requiring, as a condition precedent of the taking effect of such contract or as a condition precedent of the insurer's liability thereunder, the existence of a fact which tends to diminish, or the non-existence of a fact which tends to increase, the risk of the occurrence of any loss, damage, or injury within the coverage of the contract. The term "occurrence of loss, damage, or injury" includes the