§Why CasetextPricing

Schenker AG v. Societe Air France et al

REPLY in Support re MOTION to Dismiss based on the Statute of Limitations

20 Cited authorities

  1. Krupski v. Costa Crociere S. P. A.

    560 U.S. 538 (2010)   Cited 1,267 times   2 Legal Analyses
    Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury

  2. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 861 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"

  3. In re Merrill Lynch Ltd. Partnership Litigation

    154 F.3d 56 (2d Cir. 1998)   Cited 462 times
    Holding that plaintiffs were on inquiry notice as a matter of law where "disclosures in ... prospectuses and annual reports should have alerted ... investors that they had been misled"

  4. Cullen v. Margiotta

    811 F.2d 698 (2d Cir. 1987)   Cited 407 times   1 Legal Analyses
    Holding RICO claim was not barred by prior New York judgment

  5. Greyhound Corp. v. Mt. Hood Stages, Inc.

    437 U.S. 322 (1978)   Cited 130 times
    Using American Pipe as an example of "[t]he authority of a federal court, sitting as a chancellor, to toll a statute of limitations on equitable grounds"

  6. United States v. McKeon

    738 F.2d 26 (2d Cir. 1984)   Cited 229 times   1 Legal Analyses
    Holding that an opening statement made by an attorney is admissible in a later lawsuit against his client

  7. In re Graphics Processing Units Antitrust Litigation

    527 F. Supp. 2d 1011 (N.D. Cal. 2007)   Cited 113 times   1 Legal Analyses
    Holding that subpoenas served on defendants and grand jury investigation carry no weight in pleading antitrust conspiracy where it is unknown whether investigation will result in indictments or nothing at all, also noting that a decision not to prosecute would not be binding on plaintiffs, and granting leave to amend

  8. In re Libor-Based Fin. Instruments Antitrust Litig.

    935 F. Supp. 2d 666 (S.D.N.Y. 2013)   Cited 67 times   6 Legal Analyses
    Holding that plaintiffs' allegations "sound[ed] in fraud and thus must be pled with particularity" where "the claim [was] that defendants, by submitting artificial LIBOR quotes, misled the market with regard to future levels of LIBOR, and by extension future prices of Eurodollar contracts, and thus caused Eurodollar contracts to trade at artificial prices."

  9. DPWN Holdings (USA), Inc. v. United Air Lines, Inc.

    747 F.3d 145 (2d Cir. 2014)   Cited 51 times   1 Legal Analyses
    Holding that "general allegations that are contradicted by more specific allegations in the Complaint" need not be accepted as true

  10. Strada v. City of N.Y.

    11-CV-5735 (MKB) (E.D.N.Y. Jul. 11, 2014)   Cited 48 times

    11-CV-5735 (MKB) 07-11-2014 JOSE A. STRADA, Plaintiff, v. CITY OF NEW YORK and NEW YORK CITY JOHN DOE POLICE OFFICERS, Defendants. MARGO K. BRODIE MEMORANDUM & ORDER MARGO K. BRODIE, United States District Judge: On November 22, 2011, Plaintiff Jose A. Strada commenced the above-captioned action against Defendants the New York City Police Department ("NYPD"), the New York City Department of Correction ("DOC"), the City of New York ("City"), and New York City John Doe Police Officers, alleging claims

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,923 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,772 times   141 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Section 16 - Judgments

    15 U.S.C. § 16   Cited 711 times   11 Legal Analyses
    Tolling the clock on private antitrust suits "during the pendency" of related suits by the federal government and "for one year thereafter"