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Ritchie Capital Management, L.L.C. et al v. Coventry First LLC, et al

MEMORANDUM OF LAW in Support re: 58 MOTION to Dismiss Counts I and II of the Proposed Second Amended Complaint.. Document

95 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,776 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,237 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  3. Keeton v. Hustler Magazine, Inc.

    465 U.S. 770 (1984)   Cited 3,042 times   7 Legal Analyses
    Holding that jurisdiction was proper in New Hampshire for publication-based defamation torts, even though the defendant magazine publisher sold most of its magazines elsewhere and that, as a result, "the bulk of the harm done to [the plaintiff] occurred outside New Hampshire"

  4. Wachovia Bank v. Schmidt

    546 U.S. 303 (2006)   Cited 1,095 times   6 Legal Analyses
    Holding that "a national bank is a citizen of the State in which its main office ... is located" for purposes of diversity jurisdiction

  5. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,284 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  6. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,671 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

  7. Anza v. Ideal Steel Supply Corp.

    547 U.S. 451 (2006)   Cited 852 times   5 Legal Analyses
    Holding that a business could not recover against its competitor for a scheme to defraud the New York State tax authority that allowed the defendant to undercut the plaintiff's prices

  8. Cedric Kushner Promotions, Ltd. v. King

    533 U.S. 158 (2001)   Cited 736 times   5 Legal Analyses
    Holding person who is a corporate owner or employee is distinct from the corporation itself

  9. D.H. v. Gottdiener

    462 F.3d 95 (2d Cir. 2006)   Cited 2,548 times   1 Legal Analyses
    Holding that Rule 55, governing default judgment, "does not operate well in the context of a motion to confirm or vacate an arbitration award" because such motions are "motions in an ongoing proceeding rather than a complaint initiating a plenary action"

  10. Lucente v. International Bus. Machines Corp.

    310 F.3d 243 (2d Cir. 2002)   Cited 1,436 times   2 Legal Analyses
    Holding that the New York rule does not apply in breach of contract cases

  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 348,310 times   930 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 157,506 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,098 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 34,081 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  15. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,950 times   60 Legal Analyses
    Specifying prohibited activities

  16. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,445 times   104 Legal Analyses
    Relating to mail fraud

  17. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,050 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  18. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,109 times   42 Legal Analyses
    Granting civil remedies for RICO violation

  19. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. CPLR 302   Cited 4,231 times   5 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

  20. Section 18 - Organization defined

    18 U.S.C. § 18   Cited 3,210 times   7 Legal Analyses
    Stating that the term "organization" means "a person other than an individual"