§Why CasetextPricing

Ronald Siemers v. Wells Fargo & Company et al

Memorandum in Opposition re MOTION to Dismiss Plaintiff's Second Amended Consolidated Class Action Complaint

24 Cited authorities

  1. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,701 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  2. Ortiz v. Fibreboard Corp.

    527 U.S. 815 (1999)   Cited 932 times   18 Legal Analyses
    Holding that "a fairness hearing under Rule 23(e) is no substitute for rigorous adherence to those provisions of the Rule designed to protect absentees"

  3. Schweiker v. Chilicky

    487 U.S. 412 (1988)   Cited 1,226 times
    Holding that Social Security regulations and procedures precluded a Bivens action

  4. Gollust v. Mendell

    501 U.S. 115 (1991)   Cited 195 times   2 Legal Analyses
    Finding that relief under Rule 60(b) may be granted "only upon a showing of exceptional circumstances"

  5. Payton v. County of Kane

    308 F.3d 673 (7th Cir. 2002)   Cited 266 times   2 Legal Analyses
    Holding plaintiffs who suffered injury in two Illinois counties may have standing to represent a class suing nineteen Illinois counties if plaintiffs fulfill all the requirements of Rule 23

  6. La Mar v. H & B Novelty & Loan Co.

    489 F.2d 461 (9th Cir. 1973)   Cited 299 times   1 Legal Analyses
    Finding that named plaintiffs could not bring a class action against defendants that did not injure them, "even though the plaintiff may have suffered an identical injury at the hands of a party other than the defendant"

  7. In re Immune Response Securities Litigation

    375 F. Supp. 2d 983 (S.D. Cal. 2005)   Cited 86 times
    Holding that plaintiffs adequately pled scienter by providing the court with "specific factual allegations including the names of persons involved in the alleged fraud, the reports which evidence the alleged fraud, and the actions of Defendants in perpetuating the fraud"

  8. Board of Governors of Federal Reserve System v. Investment Co. Institute

    450 U.S. 46 (1981)   Cited 40 times
    Holding that a bank and its holding company should not be treated as a single entity for purposes of the Glass-Steagall Act

  9. Albany Ins. Co. v. Almacenadora Somex, S.A

    5 F.3d 907 (5th Cir. 1993)   Cited 79 times   1 Legal Analyses
    Holding that Rule 12(g) precluded defendant from raising an objection in a second pretrial motion to dismiss that it had not expounded upon in a prior Rule 12 motion

  10. In re ML-Lee Acquisition Fund II, L.P. & ML-Lee Acquisition Fund (Retirement Accounts) II, L.P. Securities Litigation

    848 F. Supp. 527 (D. Del. 1994)   Cited 52 times
    Holding that plaintiffs are held to a "very minimal requirement of knowledge about the litigation and the facts upon which it is based"

  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 348,416 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. Section 80a-10 - Affiliations or interest of directors, officers, and employees

    15 U.S.C. § 80a-10   Cited 69 times
    Requiring that at least 40% of the directors not be "interested persons," a broader category than the previously identified group of persons "affiliated" with the adviser, see § 80a-2

  13. Section 80a-36 - Larceny and embezzlement

    15 U.S.C. § 80a-36   Cited 23 times   1 Legal Analyses

    Whoever steals, unlawfully abstracts, unlawfully and willfully converts to his own use or to the use of another, or embezzles any of the moneys, funds, securities, credits, property, or assets of any registered investment company shall be deemed guilty of a crime, and upon conviction thereof shall be subject to the penalties provided in section 80a-48 of this title. A judgment of conviction or acquittal on the merits under the laws of any State shall be a bar to any prosecution under this section

  14. Section 80a-48 - Penalties

    15 U.S.C. § 80a-48   Cited 6 times   1 Legal Analyses

    Any person who willfully violates any provision of this subchapter or of any rule, regulation, or order hereunder, or any person who willfully in any registration statement, application, report, account, record, or other document filed or transmitted pursuant to this subchapter or the keeping of which is required pursuant to section 80a-30(a) of this title makes any untrue statement of a material fact or omits to state any material fact necessary in order to prevent the statements made therein from