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In re: Credit Default Swaps Antitrust Litigation

MEMORANDUM OF LAW in Support re: 267 JOINT MOTION to Dismiss the Conolidated Amened Complaint

72 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,433 times   279 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 268,213 times   366 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. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,052 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  4. Verizon Comm. v. Law Offices of Trinko

    540 U.S. 398 (2004)   Cited 511 times   55 Legal Analyses
    Holding even a monopolist has no duty to cooperate with rivals

  5. Koch v. Christie's International PLC

    699 F.3d 141 (2d Cir. 2012)   Cited 1,286 times   1 Legal Analyses
    Holding that discovery accrual rule announced in Rotella continues to be controlling law

  6. Klehr v. A. O. Smith Corp.

    521 U.S. 179 (1997)   Cited 541 times   3 Legal Analyses
    Holding that "reasonable diligence" was required to invoke the doctrine of fraudulent concealment in the context of civil RICO by analogy to antitrust cases

  7. Corsello v. Verizon N.Y., Inc.

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 966 times
    Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

  8. Blue Shield of Virginia v. McCready

    457 U.S. 465 (1982)   Cited 606 times   10 Legal Analyses
    Holding that plaintiff had suffered antitrust injury because although she was not a competitor or customer of defendants, her injury was "inextricably intertwined" with the injury defendants sought to inflict on their target market

  9. Elevator Antitrust v. United Tech

    502 F.3d 47 (2d Cir. 2007)   Cited 806 times   3 Legal Analyses
    Holding that allegations of conspiratorial activity “in entirely general terms without any specification of any particular activities by any particular defendant ... was nothing more than a list of theoretical possibilities, which one could postulate without knowing any facts whatever”

  10. Kendall v. Visa

    518 F.3d 1042 (9th Cir. 2008)   Cited 579 times   3 Legal Analyses
    Holding that leave to amend would be futile where plaintiff was granted leave to amend once before and the amended complaint contained the same deficiencies as the prior complaint

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,048 times   320 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 77 - Discrimination against neutral Americans in time of war

    15 U.S.C. § 77   Cited 1,801 times   12 Legal Analyses
    Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"

  13. Section 78c - Definitions and application

    15 U.S.C. § 78c   Cited 1,669 times   88 Legal Analyses
    Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934

  14. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 907 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

  15. Section 15b - Limitation of actions

    15 U.S.C. § 15b   Cited 899 times   2 Legal Analyses
    Establishing a four-year limitations period for antitrust claims

  16. Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

    7 U.S.C. § 2   Cited 511 times   54 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

  17. Section 1a - Definitions

    7 U.S.C. § 1a   Cited 323 times   63 Legal Analyses
    Defining "excluded commodity" under Commodity Exchange Act

  18. Section 7 - Designation of boards of trade as contract markets

    7 U.S.C. § 7   Cited 201 times   6 Legal Analyses
    Requiring contract markets to adopt anti-fraud rules

  19. Section 6s - Registration and regulation of swap dealers and major swap participants

    7 U.S.C. § 6s   Cited 7 times   11 Legal Analyses

    (a) Registration (1) Swap dealers It shall be unlawful for any person to act as a swap dealer unless the person is registered as a swap dealer with the Commission. (2) Major swap participants It shall be unlawful for any person to act as a major swap participant unless the person is registered as a major swap participant with the Commission. (b) Requirements (1) In general A person shall register as a swap dealer or major swap participant by filing a registration application with the Commission.

  20. Section 78c-3 - Clearing for security-based swaps

    15 U.S.C. § 78c-3   Cited 2 times   1 Legal Analyses

    (a) In general (1) Standard for clearing It shall be unlawful for any person to engage in a security-based swap unless that person submits such security-based swap for clearing to a clearing agency that is registered under this chapter or a clearing agency that is exempt from registration under this chapter if the security-based swap is required to be cleared. (2) Open access The rules of a clearing agency described in paragraph (1) shall- (A) prescribe that all security-based swaps submitted to

  21. Section 39.12 - Participant and product eligibility

    17 C.F.R. § 39.12

    (a)Participant eligibility. A derivatives clearing organization shall have appropriate admission and continuing participation requirements for clearing members of the derivatives clearing organization that are objective, publicly disclosed, and risk-based. (1) Fair and open access for participation. The participation requirements shall permit fair and open access; (i) A derivatives clearing organization shall not have restrictive clearing member standards if less restrictive requirements that achieve

  22. Section 43.5 - Time delays for public dissemination of swap transaction and pricing data

    17 C.F.R. § 43.5

    (a)In general. The time delay for the real-time public reporting of a block trade or large notional off-facility swap begins upon execution, as defined in § 43.2 . It is the responsibility of the swap data repository that accepts and publicly disseminates swap transaction and pricing data in real-time to ensure that the block trade or large notional off-facility swap transaction and pricing data is publicly disseminated pursuant to this part upon the expiration of the appropriate time delay described