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Laydon v. Mizuho Bank, Ltd. et al

REPLY MEMORANDUM OF LAW in Opposition re: 204 JOINT MOTION to Dismiss Plaintiff's Second Amended Class Action Complaint. Plaintiff's Sur-Reply In Opposition to Defendants' Motions to Dismiss. Document

21 Cited authorities

  1. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,056 times   34 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  2. Mayor & City Council of Balt. v. Citigroup, Inc.

    709 F.3d 129 (2d Cir. 2013)   Cited 295 times
    Holding plaintiffs failed to allege a conspiracy because "en masse flight from a collapsing market in which [defendants] had significant downside exposure—made perfect business sense"

  3. Hershey v. Energy Transfer Partners

    610 F.3d 239 (5th Cir. 2010)   Cited 229 times   2 Legal Analyses
    Holding that evidence defendants intended to "impact the NYMEX natural gas futures market" would be sufficient to establish manipulative intent

  4. Gatt Communications, Inc. v. PMC Associates, L.L.C.

    711 F.3d 68 (2d Cir. 2013)   Cited 181 times
    Holding that the Donnelly Act should generally be interpreted consistently with federal antitrust law (citing X.L.O. Concrete Corp. v. Rivergate Corp. , 83 N.Y.2d 513, 611 N.Y.S.2d 786, 634 N.E.2d 158, 161 (1994) )

  5. In re Amaranth Natural Gas Commodities Litigation

    587 F. Supp. 2d 513 (S.D.N.Y. 2008)   Cited 88 times   2 Legal Analyses
    Holding that a complaint alleging manipulation of commodities prices must always satisfy the heightened standard of Rule 9(b) because “market manipulation is inherently deceptive”

  6. Fraternity Fund v. Beacon Hill Asset

    376 F. Supp. 2d 385 (S.D.N.Y. 2005)   Cited 83 times
    Holding that an SEC complaint is an adequate source for a factual allegation

  7. In re Natural Gas Commodity Litigation

    337 F. Supp. 2d 498 (S.D.N.Y. 2004)   Cited 55 times
    Holding in a case where the plaintiffs asserted a claim under Section 9, 7 U.S.C. § 13

  8. Dodona I, LLC v. Goldman, Sachs & Co.

    847 F. Supp. 2d 624 (S.D.N.Y. 2012)   Cited 38 times   2 Legal Analyses
    Holding that an efficient market is one that is open, developed, and large number of persons can buy or sell

  9. In re Amaranth Natural Gas Commodities Litigation

    269 F.R.D. 366 (S.D.N.Y. 2010)   Cited 33 times
    Finding that plaintiffs had standing to sue under the CEA because they established that they "suffered net losses ... caused by the [defendants’] alleged [price] manipulation"

  10. In re Crude Oil Commodity Futures Litig.

    913 F. Supp. 2d 41 (S.D.N.Y. 2012)   Cited 30 times   1 Legal Analyses
    Finding plaintiff pled monopolization by showing close correlation between price shifts and defendants' actions

  11. Section 1a - Definitions

    7 U.S.C. § 1a   Cited 323 times   63 Legal Analyses
    Defining "excluded commodity" under Commodity Exchange Act

  12. Section 9 - Prohibition regarding manipulation and false information

    7 U.S.C. § 9   Cited 302 times   75 Legal Analyses
    Authorizing the CFTC to seek to prohibit from future trading any person who "has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission"

  13. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 278 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA

  14. Section 13 - Violations generally; punishment; costs of prosecution

    7 U.S.C. § 13   Cited 261 times   12 Legal Analyses
    Pertaining to punishment for violations of the Commodity Exchange Act

  15. Section 13b - Manipulations or other violations; cease and desist orders against persons other than registered entities; punishment

    7 U.S.C. § 13b   Cited 36 times   1 Legal Analyses

    If any person (other than a registered entity), is violating or has violated section 9 of this title or any other provisions of this chapter or of the rules, regulations, or orders of the Commission thereunder, the Commission may, upon notice and hearing, and subject to appeal as in other cases provided for in section 9 of this title, make and enter an order directing that such person shall cease and desist therefrom and, if such person thereafter and after the lapse of the period allowed for appeal