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Lasala et al v. Marfin Popular Bank Public Company, Ltd.

MEMORANDUM in Opposition re MOTION to Dismiss the Complaint

75 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 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' "

  2. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,821 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  3. Phillips v. County of Allegheny

    515 F.3d 224 (3d Cir. 2008)   Cited 16,815 times   2 Legal Analyses
    Holding that a district court need not permit a curative amendment if such amendment would be futile

  4. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,615 times   23 Legal Analyses
    Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"

  5. Piper Aircraft Co. v. Reyno

    454 U.S. 235 (1981)   Cited 4,738 times   11 Legal Analyses
    Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

  6. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,647 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

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

    512 U.S. 79 (1994)   Cited 890 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. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,600 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

  9. Lum v. Bank of Am.

    361 F.3d 217 (3d Cir. 2004)   Cited 2,087 times   1 Legal Analyses
    Holding that "mak[ing] general claims that defendants misrepresented that the prime rate is the lowest rate charged to their most creditworthy customers" does not satisfy the Rule 9(b) standard because "they do not indicate the date, time, or place of the alleged misrepresentations, the financial transactions in connection with which these misrepresentations were made, or who made the misrepresentation to whom"

  10. In re Rockefeller Center Properties, Inc.

    311 F.3d 198 (3d Cir. 2002)   Cited 1,342 times
    Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud

  11. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,474 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  12. Section 2A:14-1 - 6 years

    N.J. Stat. § 2A:14-1   Cited 941 times   12 Legal Analyses
    Providing that the statute of limitations for unjust enrichment claims in New Jersey is six years

  13. Section 3105 - Authority of Federal Reserve System

    12 U.S.C. § 3105   Cited 7 times
    Extending the authority of the Federal Reserve Board to federal and state branches and agencies operated by foreign banks