Navigator Capital Partners, L.P. v. Bear Stearns Asset Management et al
REPLY MEMORANDUM OF LAW in Support re: [46] MOTION to Dismiss The Varga and Navigator Amended Complaints. /Defendants Walkers FS, Scott Lennon and Michelle Wilson-Clarke's Combined Memorandum of Law in Further Support of Their Motion to Dismiss. Document
550 U.S. 544 (2007) Cited 274,046 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
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 where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”
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