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IN RE: FANNIE MAE/FREDDIE MAC SENIOR PREFERRED STOCK PURCHASE AGREEMENT CLASS ACTION LITIGATIONS

Memorandum in opposition to re MOTION to Dismiss All Claims and, in the Alternative, for Summary Judgment as to Plaintiffs Arbitrary and Capricious Claims and Memorandum in Support MOTION for Summary Judgment, [19] MOTION to Dismiss or, in the Alternative, for Summary Judgment MOTION for Summary Judgment Consolidated Class Action and Derivative Plaintiffs' Omnibus Memorandum of Law in Opposition to Defendants' Motions to Dismiss the Consolidated Amended Class Action and Derivative Complaint, or in the Alternative, for Summary Judgment

105 Cited authorities

  1. Ricci v. DeStefano

    557 U.S. 557 (2009)   Cited 3,082 times   30 Legal Analyses
    Holding that a city's making promotion decisions based on race would violate Title VII without a "valid defense"

  2. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,435 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  3. Williamson Planning Comm'n v. Hamilton Bank

    473 U.S. 172 (1985)   Cited 2,721 times   46 Legal Analyses
    Holding that “if a State provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause [of the United States Constitution] until it has used the procedure and been denied just compensation”

  4. Lucas v. South Carolina Coastal Council

    505 U.S. 1003 (1992)   Cited 1,849 times   28 Legal Analyses
    Holding that Williamson County's "final decision" prong is prudential

  5. Penn Central Transp. Co. v. New York City

    438 U.S. 104 (1978)   Cited 2,592 times   53 Legal Analyses
    Holding prohibition on construction of fifty-five-story office tower over New York's Grand Central Terminal is not a regulatory taking

  6. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 988 times   9 Legal Analyses
    Holding that a state law is not preempted when compliance with state law does not stand as an "obstacle to the accomplishment and execution of the full purposes and objectives of Congress"

  7. O'Melveny & Myers v. Federal Deposit Insurance

    512 U.S. 79 (1994)   Cited 894 times   3 Legal Analyses
    Holding that federal statutory scheme detailing what claims could be made against the FDIC when it is acting as receiver necessarily excluded claims not mentioned in the statute

  8. Ruckelshaus v. Monsanto Co.

    467 U.S. 986 (1984)   Cited 1,068 times   17 Legal Analyses
    Holding that Missouri law, which follows the Restatement of Torts, creates cognizable property right in trade secrets

  9. Loretto v. Teleprompter Manhattan CATV Corp.

    458 U.S. 419 (1982)   Cited 1,125 times   13 Legal Analyses
    Holding that a permanent physical occupation constitutes a per se taking

  10. Louisiana Public Service Commission v. Federal Communications Commission

    476 U.S. 355 (1986)   Cited 802 times   6 Legal Analyses
    Holding that "a federal agency may pre-empt state law only when and if it is acting within the scope of its congressionally delegated authority"

  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 348,617 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

  12. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,074 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,312 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,145 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  15. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,225 times   27 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

  16. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,942 times   54 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

  17. Section 1464 - Federal savings associations

    12 U.S.C. § 1464   Cited 960 times   7 Legal Analyses
    Granting broad authority to Office of Thrift Supervision to issue regulations governing thrifts

  18. Section 4617 - Authority over critically undercapitalized regulated entities

    12 U.S.C. § 4617   Cited 667 times   4 Legal Analyses
    Granting the FHFA the power to “operate” Fannie Mae and Freddie Mac and “to conduct all [of their] business”

  19. Section 703 - Form and venue of proceeding

    5 U.S.C. § 703   Cited 510 times   1 Legal Analyses
    Holding venue of and jurisdiction over action seeking review of agency action will first depend upon relevant statute providing for review, if any

  20. Section 1452 - Federal Home Loan Mortgage Corporation

    12 U.S.C. § 1452   Cited 302 times   1 Legal Analyses
    Providing that Freddie “shall be exempt from all [state and local] taxation, ... except that any real property of [Freddie] shall be subject to State local taxation to the same extent ... as other real property is taxed”