§Why CasetextPricing

Ohio Police & Fire Pension Fund et al v. Standard & Poor's Financial Services, LLC et al

RESPONSE in Opposition re MOTION to Dismiss 2 the Complaint

185 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 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

  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,615 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. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,859 times   34 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

  5. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,451 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  6. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,462 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  7. Carey v. Piphus

    435 U.S. 247 (1978)   Cited 3,626 times   5 Legal Analyses
    Holding that nominal damages are appropriate when a plaintiff's constitutional rights have been infringed but he cannot show further injury

  8. Riegel v. Medtronic, Inc.

    552 U.S. 312 (2008)   Cited 1,051 times   62 Legal Analyses
    Holding that a State’s “‘requirements’” “includ[e] [the state’s] common-law duties”

  9. New York Times Co. v. Sullivan

    376 U.S. 254 (1964)   Cited 6,996 times   36 Legal Analyses
    Holding that a public official or public figure can recover damages for defamation on a matter of public concern only if he proves that the speaker acted with actual malice

  10. Gertz v. Robert Welch, Inc.

    418 U.S. 323 (1974)   Cited 3,918 times   16 Legal Analyses
    Holding that a private defamation plaintiff cannot recover punitive damages without proving actual malice

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,431 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,582 times   8 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  14. Section 1 - Full Faith and Credit

    U.S. Const. art. IV, § 1   Cited 1,856 times   1 Legal Analyses
    Imposing similar obligation upon state courts

  15. Section 78o - Registration and regulation of brokers and dealers

    15 U.S.C. § 78o   Cited 1,045 times   56 Legal Analyses
    Requiring broker-dealers to be FINRA members

  16. Section 360k - State and local requirements respecting devices

    21 U.S.C. § 360k   Cited 1,041 times   21 Legal Analyses
    Authorizing the FDA to determine the scope of the Medical Devices Amendments' pre-emption clause

  17. Section 2305.09 - Four years - certain torts

    Ohio Rev. Code § 2305.09   Cited 968 times   1 Legal Analyses
    Relating to the recovery of personal property

  18. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 837 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact

  19. Section 2743.01 - State liability definitions

    Ohio Rev. Code § 2743.01   Cited 218 times
    Defining the "State" as including "all departments, boards, offices, commissions, agencies, institutions, and other instrumentalities of the state."

  20. Section 77r - Exemption from State regulation of securities offerings

    15 U.S.C. § 77r   Cited 203 times   9 Legal Analyses
    Recognizing state authority to regulate offerings of securities that are completely intra-state