§Why CasetextPricing

Laydon v. Mizuho Bank, Ltd. et al

RESPONSE re: 460 Letter in Opposition to CalSTRS' Letter Motion

38 Cited authorities

  1. Corsello v. Verizon N.Y., Inc.

    2012 N.Y. Slip Op. 2343 (N.Y. 2012)   Cited 1,001 times
    Holding that "[t]o the extent that these claims succeed, the unjust enrichment claim is duplicative; if plaintiffs' other claims are defective, an unjust enrichment claim cannot remedy the defects"

  2. Ga. Malone & Co. v. Rieder

    2012 N.Y. Slip Op. 5200 (N.Y. 2012)   Cited 678 times   4 Legal Analyses
    Holding agent did not intend to be personally bound to the contract when he "only signed the contract once, rather than signing twice, which is the general practice when an individual wishes to be personally bound"

  3. Thyroff v. Nationwide Mut. Ins. Co.

    460 F.3d 400 (2d Cir. 2006)   Cited 346 times   1 Legal Analyses
    Holding that this Court may affirm on any basis apparent in the record

  4. Ely-Cruikshank Co. v. Bank

    81 N.Y.2d 399 (N.Y. 1993)   Cited 505 times
    Holding that the statute of limitations accrues from time of breach

  5. Mastercard Int. v. Visa Int. Serv. Ass'n

    471 F.3d 377 (2d Cir. 2006)   Cited 307 times
    Holding Rule 19 Order is not appealable under Cohen

  6. Federal Deposit Ins. Corp. v. Dintino

    167 Cal.App.4th 333 (Cal. Ct. App. 2008)   Cited 221 times
    Holding that a three-year statute of limitations applies to an unjust enrichment cause of action based on fraud or mistake, pursuant to § 338 of the California Code of Civil Procedure

  7. Butler v. Sequa Corp. and Sequa Capital

    250 F.3d 171 (2d Cir. 2001)   Cited 199 times   1 Legal Analyses
    Finding a delay of more than a year to weigh in favor of untimeliness

  8. Vu v. Prudential Property & Casualty Insurance

    26 Cal.4th 1142 (Cal. 2001)   Cited 163 times
    Holding that defendant would be estopped from raising statute-of-limitations defense if plaintiff proved that he "reasonably relied" on defendant's misrepresentation

  9. Floyd v. City of N.Y.

    770 F.3d 1051 (2d Cir. 2014)   Cited 111 times
    Holding that there was no reputational injury in fact because the individual injuries are not adequately explained, for example by attached affidavits or declarations that state and describe how the subjects reputation was harmed

  10. In re Holocaust Victim Assets Litigation

    225 F.3d 191 (2d Cir. 2000)   Cited 151 times
    Holding delay of years, the passing away of elderly potential plaintiffs, and a loss of efficiency were not obstacles sufficient to impede or impair intervenors' ability to protect their interests

  11. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,369 times   36 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

  12. 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 5,587 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  13. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,706 times   5 Legal Analyses
    Governing rescissions of written contracts

  14. Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; section 51.7, Civil code; violation of FPA or Forestry and Fire Protection rules and regulations; section 26038, Business and Professions code

    Cal. Code Civ. Proc. § 338   Cited 1,534 times
    Establishing three-year statute of limitations for California fraud claim

  15. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 594 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

  16. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 281 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA