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Jaroslawicz v. M&T Bank Corporation et al

REPLY BRIEF re MOTION to Dismiss the Amended Complaint

42 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 268,629 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. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,562 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  4. Connelly v. Lane Constr. Corp.

    809 F.3d 780 (3d Cir. 2016)   Cited 3,737 times   1 Legal Analyses
    Holding that a prima facie case is an evidentiary standard, not a “proper measure of whether a complaint fails to state a claim”

  5. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,702 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  6. Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund

    575 U.S. 175 (2015)   Cited 461 times   55 Legal Analyses
    Holding in the context of a claim under Section 11 of the Securities Act of 1933 that whether a statement is "misleading" is determined from "the perspective of a reasonable investor"

  7. In re NAHC, Inc. Securities Litigation

    306 F.3d 1314 (3d Cir. 2002)   Cited 707 times   1 Legal Analyses
    Holding that an amendment was futile because the claims would be barred by the statute of limitations

  8. In re Walt Disney Co. Derivative Litigation

    906 A.2d 27 (Del. 2006)   Cited 539 times   5 Legal Analyses
    Holding bad faith to be a “category of fiduciary conduct, which falls in between the first two categories of conduct motivated by subjective bad intent and conduct resulting from gross negligence” and that bad faith could be found “where the fiduciary acts with a purpose other than that of advancing the best interests of the corporation.”

  9. ALA, Inc. v. CCAIR, Inc.

    29 F.3d 855 (3d Cir. 1994)   Cited 768 times   2 Legal Analyses
    Holding that statute of frauds defense may be raised on a motion to dismiss

  10. Tracinda Corp. v. DaimlerChrysler

    502 F.3d 212 (3d Cir. 2007)   Cited 283 times
    Finding no express requirement in Rule 16(f) that a party must act in bad faith prior to a Court awarding sanctions

  11. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,220 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,081 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,494 times   49 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 3,989 times   20 Legal Analyses
    Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

  15. Section 78n - Proxies

    15 U.S.C. § 78n   Cited 1,628 times   19 Legal Analyses
    Incorporating § 78m(d) by reference

  16. 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

  17. Section 251 - Merger or consolidation of domestic corporations [For application of this section, see 79 Del. Laws, c. 327,§8 and 80 Del. Laws, c. 265,§17]

    Del. Code tit. 8 § 251   Cited 197 times   6 Legal Analyses
    Requiring a vote by the majority of the outstanding stock