49 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,415 times 5 Legal Analyses
Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,212 times 4 Legal Analyses
Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
Best Van Lines v. Walker
490 F.3d 239 (2d Cir. 2007) Cited 757 times
Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction
Acito v. Imcera Group, Inc.
47 F.3d 47 (2d Cir. 1995) Cited 1,137 times 1 Legal Analyses
Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"
Kalnit v. Eichler
264 F.3d 131 (2d Cir. 2001) Cited 861 times 1 Legal Analyses
Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”
Bank Brussels v. Fiddler Gonzalez Rodriguez
171 F.3d 779 (2d Cir. 1999) Cited 787 times
Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2
Curley v. AMR Corp.
153 F.3d 5 (2d Cir. 1998) Cited 411 times
Holding the Court will dispense with a choice of law analysis when there is no conflict
In re Initial Public Offering Securities
241 F. Supp. 2d 281 (S.D.N.Y. 2003) Cited 298 times
Holding that market manipulation creates a duty to disclose
Colnaghi, U.S.A., Ltd. v. Jewelers Protection Serv
81 N.Y.2d 821 (N.Y. 1993) Cited 308 times 4 Legal Analyses
Finding that expert's affidavit stating, inter alia, that alarm company's actions fell "`far below professional standards and customary practice in the industry'" failed to raise question of gross negligence
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity

Navigator Capital Partners, L.P. v. Bear Stearns Asset Management et al

49 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

Holding that we proceed to the constitutional prong of the analysis "[i]f, but only if" we conclude that there is a statutory basis for personal jurisdiction

Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"

Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”

Holding that the plaintiff must establish all five elements in order to assert jurisdiction pursuant to section 3O2

Holding the Court will dispense with a choice of law analysis when there is no conflict

Holding that market manipulation creates a duty to disclose

Finding that expert's affidavit stating, inter alia, that alarm company's actions fell "`far below professional standards and customary practice in the industry'" failed to raise question of gross negligence

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Requiring that fraud be pleaded with particularity