§Why CasetextPricing

Laydon v. Mizuho Bank, Ltd. et al

MEMORANDUM DECISION AND ORDER granting in part and denying in part 301 Motion to Amend/Correct re: 150 Amended Complaint. Plaintiff's motion for leave to amend the SAC to add four defendants is GRANTED. Plaintiffs motion for leave to amend the SAC to add plaintiffs and claims is DENIED. The Clerk of the Court is instructed to close the motion at ECF No. 301. SO ORDERED.

47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,826 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  4. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,250 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  5. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,701 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

  6. Hemi Group, LLC v. City of New York

    559 U.S. 1 (2010)   Cited 783 times   2 Legal Analyses
    Holding that the defendant retailer's failure to make state-law-required disclosures that would make it easier for the City to recover delinquent taxes did not proximately cause the City's injury, which more directly came from the delinquent taxpayers themselves

  7. Abbas v. Dixon

    480 F.3d 636 (2d Cir. 2007)   Cited 3,110 times
    Holding that it was error for the district court to sua sponte dismiss a prisoner's complaint with prejudice on the basis of an anticipated statute of limitations defense without granting the prisoner notice and an opportunity to be heard

  8. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,169 times   164 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  9. Koch v. Christie's International PLC

    699 F.3d 141 (2d Cir. 2012)   Cited 1,390 times   1 Legal Analyses
    Holding that discovery accrual rule announced in Rotella continues to be controlling law

  10. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,442 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"

  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 95,100 times   92 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,292 times   61 Legal Analyses
    Specifying prohibited activities

  14. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,588 times   174 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  15. Section 1956 - Laundering of monetary instruments

    18 U.S.C. § 1956   Cited 9,755 times   144 Legal Analyses
    Defining “specified unlawful activity” to include, inter alia, controlled substance violations, murder, bribery, smuggling, various forms of fraud, concealment of assets, various environmental offenses, and health care offenses

  16. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,244 times   43 Legal Analyses
    Granting civil remedies for RICO violation

  17. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,632 times   9 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  18. Section 203 - Method of computing periods of limitation generally

    N.Y. C.P.L.R. § 203   Cited 2,746 times   6 Legal Analyses
    Providing that, in an action commenced by filing, "a claim asserted in the complaint is interposed against the defendant" upon filing