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Plumbers and Steamfitters Union Local No. 10 Health & Welfare Fund v. State Street Corporation et al

MEMORANDUM OF LAW in Opposition re: 34 MOTION to Dismiss Amended Complaints., 30 MOTION to Dismiss. the Class Action Securities Complaints. Document

53 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 275,856 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

  2. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,319 times   11 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

  3. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,836 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

  4. Pinter v. Dahl

    486 U.S. 622 (1988)   Cited 868 times   16 Legal Analyses
    Holding that only a statutory "seller" may be liable under § 12 of Securities Act

  5. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,433 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  6. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,308 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim

  7. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 1,018 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

  8. Burch v. Pioneer Credit Recovery

    551 F.3d 122 (2d Cir. 2008)   Cited 731 times
    Finding company that provided collection services for three federal agencies was not an agency of the United States government for purposes of the Privacy Act

  9. In re Westinghouse Securities Litigation

    90 F.3d 696 (3d Cir. 1996)   Cited 1,021 times   1 Legal Analyses
    Holding that district court did not abuse its discretion when it dismissed complaint with prejudice following plaintiff's decision not to amend

  10. Goldstein v. Pataki

    516 F.3d 50 (2d Cir. 2008)   Cited 526 times
    Holding that "at a bare minimum, the operative standard requires the plaintiff [to] provide the grounds upon which his claim rests through factual allegations sufficient to raise a right to relief above the speculative level"

  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 356,916 times   947 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 161,536 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 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,127 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 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 834 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact