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National Credit Union Administration Board v. J.P. Morgan Securities LLC et al

MEMORANDUM IN SUPPORT of 28 MOTION to Dismiss the National Credit Union Administration Board's Complaint

80 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,498 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,239 times   367 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' "

  3. Robbins v. Oklahoma

    519 F.3d 1242 (10th Cir. 2008)   Cited 5,765 times   1 Legal Analyses
    Holding that collective allegations do not satisfy a plaintiff's "burden . . . to provide fair notice of the grounds for the claims made against each of the defendants"

  4. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,486 times   68 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

  5. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,124 times   162 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"

  6. Lone Star Fund v. Barclays Bank

    594 F.3d 383 (5th Cir. 2010)   Cited 1,878 times
    Holding that a court considering a Rule 12(b) motion is "limited to the complaint, any documents attached to the complaint, and any documents attached to the motion to dismiss that are central to the claim and referenced by the complaint"

  7. GEE v. PACHECO

    627 F.3d 1178 (10th Cir. 2010)   Cited 1,634 times
    Holding that a failure to provide adequate treatment in response to a prisoner's self-diagnosed ailments does not amount to a constitutional violation

  8. Morton v. Mancari

    417 U.S. 535 (1974)   Cited 1,359 times   9 Legal Analyses
    Holding that the Indian Commerce Clause empowers Congress to “single Indians out as a proper subject for separate legislation.”

  9. California Public Employees' Retirement System v. Chubb Corp.

    394 F.3d 126 (3d Cir. 2004)   Cited 1,259 times   3 Legal Analyses
    Holding that confidential witness allegations lacked sufficient sources when brief job descriptions, such as “senior customer service team leader,” did not show how the confidential witnesses could “possess information that the standard commercial business was succeeding or failing on a national level”

  10. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,825 times   5 Legal Analyses
    Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

  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 348,810 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,136 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,114 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  14. Section 77m - Limitation of actions

    15 U.S.C. § 77m   Cited 956 times   29 Legal Analyses
    Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

  15. Section 25401 - Unlawful acts in connection with offer, sale, or purchase of security

    Cal. Corp. Code § 25401   Cited 436 times   26 Legal Analyses
    Prohibiting securities sales "by means of any . . . communication that includes an untrue statement of a material fact or omits to state a material fact necessary to make the statements . . . not misleading"

  16. Section 1787 - Payment of insurance

    12 U.S.C. § 1787   Cited 183 times   3 Legal Analyses
    Authorizing the conservator to repudiate "any contract"

  17. Section 815 ILCS 5/12 - Violation

    815 ILCS 5/12   Cited 105 times
    Making it illegal "[t]o obtain money or property through the sale of securities by means of" material misstatements or omissions

  18. Section 815 ILCS 5/13 - Private and other civil remedies; securities

    815 ILCS 5/13   Cited 99 times   2 Legal Analyses
    Specifying that those who participated or aided in selling a security in violation of the Illinois securities laws are "joint and severally liable to the purchaser," including purchasers' attorneys' fees and expenses

  19. Section 25506 - Statute of limitations for proceedings to enforce liability

    Cal. Corp. Code § 25506   Cited 63 times
    Providing that "no action shall be maintained . . . unless brought before the expiration of four years after the act or transaction constituting the violation or the expiration of one year after the discovery by the plaintiff of the facts constituting the violation, whichever shall first expire"

  20. Section 17-12a509 - Civil liability

    Kan. Stat. § 17-12a509   Cited 12 times
    Qualifying the requirements for liability as follows: "the purchaser not knowing the untruth or omission"