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Rothstein et al v. UBS AG

MEMORANDUM OF LAW in Opposition re: 12 MOTION to Dismiss Notice of Motion to Dismiss Defendant's Motion to Dismiss the First Amended Complaint.. Document

55 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. Crosby v. Nat'l Foreign Trade Council

    530 U.S. 363 (2000)   Cited 984 times   9 Legal Analyses
    Holding that a state Burma sanctions bill conflicted with a federal Burma sanctions bill because it undermined Congress's delegation to the President of "flexible and effective authority" to adjust all sanctions in response to changing conditions

  3. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,826 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. Naacp v. Claiborne Hardware Co.

    458 U.S. 886 (1982)   Cited 792 times   4 Legal Analyses
    Holding that a state common law prohibition on malicious interference with business could not, under the circumstances, be constitutionally applied to a civil rights boycott of white merchants

  5. United States v. Texas

    507 U.S. 529 (1993)   Cited 283 times
    Holding that silence in a statute "falls far short of an expression of legislative intent to supplant the existing common law in that area"

  6. Illinois v. City of Milwaukee

    406 U.S. 91 (1972)   Cited 500 times   1 Legal Analyses
    Holding that where Illinois sued Milwaukee for polluting Lake Michigan, not mandatory to sue Wisconsin as well

  7. Kerman v. City of New York

    374 F.3d 93 (2d Cir. 2004)   Cited 390 times
    Holding a plaintiff is “entitled to be compensated for [his] loss of liberty” “independently of his claims of physical, mental, emotional, or economic injury”

  8. Bolt Elec., Inc. v. City of New York

    53 F.3d 465 (2d Cir. 1995)   Cited 373 times

    No. 461, Docket 94-7390. Argued October 31, 1994. Decided April 13, 1995. William F. Cavanaugh, Jr., New York City (John N. Lieber, Patterson, Belknap, Webb Tyler, of counsel), for plaintiff-appellant. Helen P. Brown, Asst. Corp. Counsel of the City of N.Y., New York City (Paul A. Crotty, Corp. Counsel of the City of N.Y., Larry A. Sonnenshein, Jane Tobey Momo, Asst. Corp. Counsels of the City of N.Y., of counsel), for defendant-appellee. Appeal from the United States District Court for the Southern

  9. Halberstam v. Welch

    705 F.2d 472 (D.C. Cir. 1983)   Cited 515 times   4 Legal Analyses
    Holding the defendant must have "knowingly and substantially assist[ed] the principal violation"

  10. Boim v. Quranic Literacy Institute & Holy Land Foundation

    291 F.3d 1000 (7th Cir. 2002)   Cited 184 times   1 Legal Analyses
    Holding that, to establish a private cause of action for material support of terrorism under 18 U.S.C. § 2333, 2339A, "the plaintiffs must be able to show that [the murder of their son by Hamas] was a reasonably foreseeable result of [defendants'] making a donation" to Hamas

  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. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,434 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,786 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  14. Rule 14 - Third-Party Practice

    Fed. R. Civ. P. 14   Cited 3,630 times   10 Legal Analyses
    Striking improper third-party claim is appropriate remedy

  15. Section 2339B - Providing material support or resources to designated foreign terrorist organizations

    18 U.S.C. § 2339B   Cited 572 times   15 Legal Analyses
    Clarifying the scope of “personnel”

  16. Section 2339A - Providing material support to terrorists

    18 U.S.C. § 2339A   Cited 486 times   4 Legal Analyses
    Defining “ ‘material support or resources' ” as “any property, tangible or intangible ”

  17. Section 2333 - Civil remedies

    18 U.S.C. § 2333   Cited 462 times   22 Legal Analyses
    Granting any ATA claimant the right to sue "in any appropriate district court of the United States"

  18. Section 1701 - Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

    50 U.S.C. § 1701   Cited 423 times   63 Legal Analyses
    Granting Presidential emergency power "to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States"

  19. Section 2332d - Financial transactions

    18 U.S.C. § 2332d   Cited 20 times   1 Legal Analyses

    (a) OFFENSE.-Except as provided in regulations issued by the Secretary of the Treasury, in consultation with the Secretary of State, whoever, being a United States person, knowing or having reasonable cause to know that a country is designated under section 6(j) 1 of the Export Administration Act of 1979 (50 U.S.C. App. 2405) as a country supporting international terrorism, engages in a financial transaction with the government of that country, shall be fined under this title, imprisoned for not

  20. Section 2377 - Prohibition on assistance to countries that aid terrorist states

    22 U.S.C. § 2377

    (a) Withholding of assistance The President shall withhold assistance under this chapter to the government of any country that provides assistance to the government of any other country for which the Secretary of State has made a determination under section 2371 of this title. (b) Waiver Assistance prohibited by this section may be furnished to a foreign government described in subsection (a) if the President determines that furnishing such assistance is important to the national interests of the

  21. Section 596.308 - Person; entity

    31 C.F.R. § 596.308

    (a) The term person means an individual or entity. (b) The term entity means a partnership, association, corporation, or other organization. 31 C.F.R. § 596.308

  22. Section 596.313 - United States person

    31 C.F.R. § 596.313

    The term United States person means any United States citizen or national, permanent resident alien, juridical person organized under the laws of the United States, or any person in the United States. 31 C.F.R. § 596.313

  23. Section 594.315 - United States person; U.S. person

    31 C.F.R. § 594.315

    The term United States person or U.S. person means any United States citizen, permanent resident alien, entity organized under the laws of the United States (including foreign branches), or any person in the United States. 31 C.F.R. § 594.315