§Why CasetextPricing

Iron Workers Local No.25 Pension Fund et al v. Credit-Based Asset Servicing and Securitization LLC et al

MEMORANDUM OF LAW in Support re: 107 MOTION to Dismiss the Amended Class Action Complaint.. Document

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 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 268,776 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,052 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,189 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  5. Pavelic LeFlore v. Marvel Entertainment

    493 U.S. 120 (1989)   Cited 567 times   1 Legal Analyses
    Holding that Rule 11 sanctions may only be imposed upon the attorney who actually signs the documents in question

  6. Brass v. American Film Technologies, Inc.

    987 F.2d 142 (2d Cir. 1993)   Cited 1,919 times
    Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions

  7. ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.

    553 F.3d 187 (2d Cir. 2009)   Cited 913 times   2 Legal Analyses
    Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality

  8. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 661 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

  9. Paracor Finance, Inc. v. Gen. El. Cap. Corp.

    79 F.3d 878 (9th Cir. 1996)   Cited 564 times   2 Legal Analyses
    Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed

  10. Wallace v. Buttar

    378 F.3d 182 (2d Cir. 2004)   Cited 316 times   1 Legal Analyses
    Holding that a motion to vacate "Is not an occasion for de novo review of an arbitral award"

  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 348,310 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 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,679 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  13. 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

  14. Section 77a - Short title

    15 U.S.C. § 77a   Cited 1,231 times   30 Legal Analyses
    Titling act

  15. Section 78o - Registration and regulation of brokers and dealers

    15 U.S.C. § 78o   Cited 991 times   54 Legal Analyses
    Requiring broker-dealers to be FINRA members

  16. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 825 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact

  17. Section 77o - Liability of controlling persons

    15 U.S.C. § 77o   Cited 804 times   8 Legal Analyses
    Imposing liability on persons who "control[] any person liable" under §§ 11 or 12

  18. Section 240.13a-13 - Quarterly reports on Form 10-Q ( Section 249.308a of this chapter)

    17 C.F.R. § 240.13a-13   Cited 91 times
    Exempting information on Part I of Form 10-Q

  19. Section 229.1111 - (Item 1111) Pool assets

    17 C.F.R. § 229.1111   Cited 13 times

    Describe the pool assets, including the information required by this Item 1111. Present statistical information in tabular or graphical format, if such presentation will aid understanding. Present statistical information in appropriate distributional groups or incremental ranges in addition to presenting appropriate overall pool totals, averages and weighted averages, if such presentation will aid in the understanding of the data. In addition to presenting the number, amount and percentage of pool