§Why CasetextPricing

Irving H. Picard v. JPMorgan Chase & Co.

MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss JPMorgan's Motion to Dismiss the Trustee's Complaint. Opening Brief in Support of JPMorgan's Motion to Dismiss the Trustee's Complaint. Document

134 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. Buckman Co. v. Plaintiffs' Legal Committee

    531 U.S. 341 (2001)   Cited 1,188 times   80 Legal Analyses
    Holding that federal drug and medical device laws pre-empted a state tort-law claim based on failure to properly communicate with the FDA

  4. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,671 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,896 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  6. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 671 times   43 Legal Analyses
    Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

  7. Touche Ross Co. v. Redington

    442 U.S. 560 (1979)   Cited 1,721 times   1 Legal Analyses
    Holding that the "central inquiry remains whether Congress intended to create, whether expressly or by implication, a private cause of action."

  8. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,616 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"

  9. Lama Holding Co. v. Smith Barney Inc.

    88 N.Y.2d 413 (N.Y. 1996)   Cited 2,164 times   3 Legal Analyses
    Holding that damages that are "undeterminable" or speculative cannot serve as the basis of a fraud claim

  10. Clark-Fitzpatrick, Inc. v. Long Island Rail Road

    70 N.Y.2d 382 (N.Y. 1987)   Cited 2,940 times   1 Legal Analyses
    Holding that, where plaintiff alleged that defendant failed to exercise "due care" in the design of a railroad project, plaintiff's negligence allegations were "merely a restatement, albeit in slightly different language, of the 'implied' contractual obligations asserted in the cause of action for breach of contract. Moreover, the damages plaintiff allegedly sustained as a consequence of defendant's violation of a 'duty of due care' in designing the project were clearly within contemplation of the written agreement."

  11. Section 101 - Definitions

    11 U.S.C. § 101   Cited 26,773 times   214 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  12. Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

    11 U.S.C. § 544   Cited 8,202 times   60 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

  13. Section 547 - Preferences

    11 U.S.C. § 547   Cited 8,139 times   85 Legal Analyses
    Seeking to avoid preferential transfers

  14. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,529 times   84 Legal Analyses
    Seeking to avoid constructively fraudulent transfers

  15. 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

  16. Section 1818 - Termination of status as insured depository institution

    12 U.S.C. § 1818   Cited 496 times   42 Legal Analyses
    Granting subpoena power to the Federal Deposit Insurance Corporation

  17. Section 78eee - Protection of customers

    15 U.S.C. § 78eee   Cited 481 times
    Providing for the removal of SIPA liquidation proceedings "to the court of the United States in the same judicial district having jurisdiction over cases under Title 11"

  18. Section 77p - Additional remedies; limitation on remedies

    15 U.S.C. § 77p   Cited 449 times   16 Legal Analyses
    Allowing certain securities class actions to be removed to federal court

  19. Section 274 - Transfer or obligation voidable as to present creditor

    N.Y. Debt. & Cred. Law § 274   Cited 350 times

    (a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation. (b) A transfer made by a debtor is voidable as to a creditor whose claim

  20. Section 272 - Value

    N.Y. Debt. & Cred. Law § 272   Cited 276 times
    Defining "fair consideration" as satisfaction of an antecedent debt

  21. Section 225.4 - Corporate practices

    12 C.F.R. § 225.4   Cited 50 times   1 Legal Analyses

    (a)Bank holding company policy and operations. (1) A bank holding company shall serve as a source of financial and managerial strength to its subsidiary banks and shall not conduct its operations in an unsafe or unsound manner. (2) Whenever the Board believes an activity of a bank holding company or control of a nonbank subsidiary (other than a nonbank subsidiary of a bank) constitutes a serious risk to the financial safety, soundness, or stability of a subsidiary bank of the bank holding company