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Kuriakose v. Federal Home Loan Mortgage Corporation et al

MEMORANDUM OF LAW in Opposition re: 127 MOTION to Declare Unenforceable the Non Participation Clause.. Document

37 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,747 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"

  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,086 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

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

    493 F.3d 87 (2d Cir. 2007)   Cited 3,871 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

  4. North Carolina v. Rice

    404 U.S. 244 (1971)   Cited 1,556 times   1 Legal Analyses
    Holding that federal courts must resolve questions of mootness before assuming jurisdiction

  5. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 997 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

  6. Higginbotham v. Baxter Intern

    495 F.3d 753 (7th Cir. 2007)   Cited 248 times   12 Legal Analyses
    Holding that allegations of confidential witnesses must be discounted and "[u]sually that discount will be steep"

  7. Saini v. International Game Technology

    434 F. Supp. 2d 913 (D. Nev. 2006)   Cited 239 times
    Holding that the harm occasioned by disclosure of trade secrets or confidential information is sufficient to meet the irreparable harm requirement

  8. Cooper Tire Rubber Co. v. Farese

    423 F.3d 446 (5th Cir. 2005)   Cited 225 times
    Holding that the mere fact that a non-disparagement clause could conceivably be used to hide illegality did not render it void as illegal or contrary to public policy

  9. Altman v. Bedford Central School District

    245 F.3d 49 (2d Cir. 2001)   Cited 150 times   2 Legal Analyses
    Holding that the mere use of paid staff time for a challenged school activity cannot confer municipal taxpayer standing

  10. Ulloa v. QSP, Inc.

    271 Va. 72 (Va. 2006)   Cited 129 times
    Holding that a party is not "relieved of the burden to establish to a reasonable degree of specificity" that attorneys' fees it seeks are "associated with" a successful claim

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,845 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,445 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party