§Why CasetextPricing

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 266,697 times   365 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 4,226 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 3,027 times   7 Legal Analyses
    Holding that, because the defendant was "carrying on a part of its general business" in the state, it was fair to subject the defendant to jurisdiction for a claim arising out of that activity

  4. Wachovia Bank v. Schmidt

    546 U.S. 303 (2006)   Cited 1,088 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 6,252 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 1,665 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 848 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 731 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 2,505 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 1,430 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 345,981 times   922 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 156,250 times   193 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 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Rule 16 - Pretrial Conferences; Scheduling; Management

    Fed. R. Civ. P. 16   Cited 33,726 times   51 Legal Analyses
    Adopting the sanctions authorized by Rule 37(b)

  15. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 15,878 times   60 Legal Analyses
    Specifying prohibited activities

  16. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,405 times   104 Legal Analyses
    Relating to mail fraud

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

    18 U.S.C. § 1343   Cited 11,950 times   170 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  18. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,087 times   41 Legal Analyses
    Granting civil remedies for RICO violation

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

    N.Y. CPLR 302   Cited 4,205 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 3,164 times   7 Legal Analyses
    Stating that the term "organization" means "a person other than an individual"