Menaldi v. Och-Ziff Capital Management Group LLC et al
MEMORANDUM OF LAW in Opposition re: 23 MOTION to Dismiss / Motion to Dismiss Plaintiffs' Consolidated Amended Class Action Complaint., 26 MOTION to Dismiss the Amended Class Action Complaint. . Document
550 U.S. 544 (2007) Cited 266,625 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' "
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"
Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false
Fed. R. Civ. P. 15 Cited 90,531 times 91 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
15 U.S.C. § 78t Cited 3,983 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"