§Why CasetextPricing

Paskowitz v. Prospect Capital Management L.P. et al

MEMORANDUM OF LAW in Support re: 10 MOTION to Dismiss . . Document

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,542 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Ganino v. Citizens Utilities Co.

    228 F.3d 154 (2d Cir. 2000)   Cited 982 times   2 Legal Analyses
    Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test

  5. Migdal v. Rowe Price-Fleming Intern., Inc.

    248 F.3d 321 (4th Cir. 2001)   Cited 717 times   3 Legal Analyses
    Holding that “Rule 12(b) requires more than the mere recitation of boilerplate statutory language”

  6. Jones v. Harris Associates

    559 U.S. 335 (2010)   Cited 89 times   29 Legal Analyses
    Holding that deference is due where a board's process “for negotiating and reviewing investment-adviser compensation is robust”

  7. Bellikoff v. Eaton Vance

    481 F.3d 110 (2d Cir. 2007)   Cited 265 times   4 Legal Analyses
    Holding that Section 36 of the ICA does not provide an implied private right of action

  8. Krantz v. Prudential Investments Fund Mgmt

    305 F.3d 140 (3d Cir. 2002)   Cited 201 times   3 Legal Analyses
    Finding that a district court did not abuse its discretion in denying leave to amend for a second time where the plaintiff was on notice of the deficiencies in his complaint and failed to correct them in the first amended complaint

  9. In re Eaton Vance Mut. Funds Fee Litigation

    380 F. Supp. 2d 222 (S.D.N.Y. 2005)   Cited 174 times
    Holding that 34(b), 36 and 48 do not provide for a private right of action

  10. Amron v. Morgan Stanley Investment Advisors Inc.

    464 F.3d 338 (2d Cir. 2006)   Cited 139 times   1 Legal Analyses
    Holding that in opposing a motion to dismiss, "bald assertions and conclusions of law will not suffice"

  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 361,353 times   960 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 80a-35 - Breach of fiduciary duty

    15 U.S.C. § 80a-35   Cited 311 times   6 Legal Analyses
    Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”

  14. Section 80a-2 - Definitions; applicability; rulemaking considerations

    15 U.S.C. § 80a-2   Cited 244 times   18 Legal Analyses
    Defining "interested person"

  15. Section 80a-15 - Contracts of advisers and underwriters

    15 U.S.C. § 80a-15   Cited 105 times   1 Legal Analyses
    Outlining directors' duty to approve contracts with investment advisers

  16. Section 80a-55 - Qualifications of directors

    15 U.S.C. § 80a-55   Cited 1 times

    (a) Non-interested persons A majority of a business development company's directors or general partners shall be persons who are not interested persons of such company. (b) Vacancies; suspension of provisions If, by reason of the death, disqualification, or bona fide resignation of any director or general partner, a business development company does not meet the requirements of subsection (a) of this section, or the requirements of section 80a-15(f)(1) of this title with respect to directors, the

  17. Section 80a-54 - Acquisition of assets by business development companies

    15 U.S.C. § 80a-54   1 Legal Analyses

    (a) Permissible assets; percentage It shall be unlawful for a business development company to acquire any assets (other than those described in paragraphs (1) through (7) of this subsection) unless, at the time the acquisition is made, assets described in paragraphs (1) through (6) below represent at least 70 per centum of the value of its total assets (other than assets described in paragraph (7) below): (1) securities purchased, in transactions not involving any public offering or in such other