§Why CasetextPricing

Nathel et al v. Siegal et al

RESPONSE in Opposition re: 54 CROSS MOTION to Amend the Complaint and Opposition to Defendants' Motion to Dismiss re: 53 Notice

57 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,004 times   366 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,166 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,558 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  4. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,486 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,888 times   6 Legal Analyses
    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"

  6. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,817 times   5 Legal Analyses
    Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

  7. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 1,002 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

  8. Suez Equity Investors, L.P. v. Toronto-Dominion Bank

    250 F.3d 87 (2d Cir. 2001)   Cited 556 times   1 Legal Analyses
    Holding that the scienter of an agent of a corporate defendant is attributable to the corporation as a primary violator of § 10(b) and Rule 10b-5

  9. City of McKeesport v. Cunningham

    478 U.S. 1015 (1986)   Cited 258 times
    Holding that district court erred in striking affirmative defenses where further facts were needed to resolve issue in case

  10. Luce v. Edelstein

    802 F.2d 49 (2d Cir. 1986)   Cited 735 times
    Holding that the plaintiff's failure to connect allegations of fraudulent representations to particular defendants, attributing representations simply to the “defendants,” could not satisfy Rule 9(b)'s particularity requirement

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 347,418 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,090 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,030 times   320 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,600 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  15. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,486 times   49 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  16. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,382 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  17. Section 3001 - Declaratory judgment

    N.Y. CPLR 3001   Cited 1,786 times
    Considering declaratory judgment actions

  18. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 907 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933