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Goodman v. Wade et al

REPLY MEMORANDUM OF LAW in Support re: 5 MOTION to Dismiss or, in the Alternative, Transfer to Central District of California.. Document

39 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Whitaker v. American Telecasting, Inc.

    261 F.3d 196 (2d Cir. 2001)   Cited 933 times   1 Legal Analyses
    Holding that a "summons with notice may serve as an initial pleading under section 1446(b)."

  3. Pampillonia v. RJR Nabisco, Inc.

    138 F.3d 459 (2d Cir. 1998)   Cited 427 times
    Holding that "all factual and legal issues must be resolved in favor of the plaintiff in deciding whether a non-diverse defendant has been fraudulently joined

  4. Steinhilber v. Alphonse

    68 N.Y.2d 283 (N.Y. 1986)   Cited 508 times   3 Legal Analyses
    Recognizing a distinction between pure opinion, which “does not imply that it is based upon undisclosed facts,” and mixed opinion, which “implies that it is based upon facts which justify the opinion but are unknown to those reading or hearing it”

  5. Mann v. Abel

    2008 N.Y. Slip Op. 2675 (N.Y. 2008)   Cited 240 times   2 Legal Analyses
    In Mann v. Abel, 10 N.Y.3d 271, 856 N.Y.S.2d 31, 885 N.E.2d 884 (2008), the New York Court of Appeals examined a "piece, preceded by an editorial note indicating that it was an expression of opinion, [that] referred to Mann[, the town attorney,] as a ‘political hatchet Mann’ and said that he was ‘leading the Town of Rye to destruction.’ "

  6. Rinaldi v. Holt, Rinehart

    42 N.Y.2d 369 (N.Y. 1977)   Cited 599 times   1 Legal Analyses
    Stating that "[o]pinions, false or not, libelous or not, are constitutionally protected and may not be the subject of private damage actions"

  7. Aronson v. Wiersma

    65 N.Y.2d 592 (N.Y. 1985)   Cited 318 times
    Holding statements regarding plaintiff's unsatisfactory job performance not defamatory per se

  8. O'Brien v. Alexander

    101 F.3d 1479 (2d Cir. 1996)   Cited 222 times
    Holding that “[s]ince no lawsuit was pending when the alleged representations in question were made ... plaintiff's claim must be dismissed, for section 487 by its terms applies only to statements made to the court or any party to a lawsuit”

  9. Rosenberg v. Metlife, Inc.

    8 N.Y.3d 359 (N.Y. 2007)   Cited 161 times   4 Legal Analyses
    Finding absolute privilege because of "Form U-5's compulsory nature"; "its role in the [FINRA's] quasi-judicial process"; and "the protection of public interests"

  10. Berman v. Informix Corp.

    30 F. Supp. 2d 653 (S.D.N.Y. 1998)   Cited 159 times
    Finding that sale and purchase of stock in New York did not pull locus away from district from which financial statements emanated and in which due diligence and independent audits occurred

  11. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  12. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,910 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  13. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,851 times   189 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  14. Section 308 - Personal service upon a natural person

    N.Y. C.P.L.R. § 308   Cited 5,266 times
    Providing for "nail and mail" service and for service "in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section"

  15. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,286 times   5 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

  16. Section 3012 - Service of pleadings and demand for complaint

    N.Y. C.P.L.R. § 3012   Cited 2,318 times
    Describing timing requirements for service of a complaint following a summons with notice

  17. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,578 times
    Codifying caselaw that incorporates "doing business" standard

  18. Section 311 - Personal service upon a corporation or governmental subdivision

    N.Y. C.P.L.R. § 311   Cited 1,391 times
    Providing that personal service on a New York corporation can be accomplished by delivering the summons to an "officer, director, managing or general agent, or cashier or assistant cashier" of the corporation

  19. Section 720 - Action against directors and officers for misconduct

    N.Y. Bus. Corp. Law § 720   Cited 281 times   1 Legal Analyses

    (a) An action may be brought against one or more directors or officers of a corporation to procure a judgment for the following relief: (1) Subject to any provision of the certificate of incorporation authorized pursuant to paragraph (b) of section 402, to compel the defendant to account for his official conduct in the following cases: (A) The neglect of, or failure to perform, or other violation of his duties in the management and disposition of corporate assets committed to his charge. (B) The