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Securities Investor Protection Corporation v. Bernard L. Madoff Investment Securities L.L.C.

MEMORANDUM OF LAW in Opposition re: 196 MOTION to Dismiss Regarding Antecedent Debt Issues.. Document

80 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 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. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,548 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  3. Commodity Futures Trading Comm'n v. Weintraub

    471 U.S. 343 (1985)   Cited 922 times   9 Legal Analyses
    Holding corporate debtor's cause of action passed to bankruptcy estate

  4. Matsushita Elec. Industrial Co. v. Epstein

    516 U.S. 367 (1996)   Cited 527 times   10 Legal Analyses
    Holding that the Exchange Act's exclusive-jurisdiction provision sought "to achieve greater uniformity of construction and more effective and expert application of that law"

  5. Ross v. Louise Wise Services

    2007 N.Y. Slip Op. 3793 (N.Y. 2007)   Cited 605 times   1 Legal Analyses
    Holding that it would not be appropriate to punish an adoption agency for its 1960's era policy of not disclosing adopted children's mental health records in part because mental health professionals of that era "thought that mental illness could be avoided if a child were placed in a loving environment and that disclosure of birth parents' emotional disturbances would negatively affect the child's bonding with the adoptive parents"

  6. In re Sharp Intern. Corp.

    403 F.3d 43 (2d Cir. 2005)   Cited 634 times   2 Legal Analyses
    Holding that plaintiff must satisfy specific pleading requirements of Rule 9(b) to state actual fraudulent transfer claim under New York law

  7. Randall v. Loftsgaarden

    478 U.S. 647 (1986)   Cited 274 times   1 Legal Analyses
    Holding that, in securities fraud cases, “ordinarily the correct measure of damages ... is the difference between the fair value of all that the plaintiff received and the fair value of what he would have received had there been no fraudulent conduct”

  8. Scholes v. Lehmann

    56 F.3d 750 (7th Cir. 1995)   Cited 549 times   7 Legal Analyses
    Holding that investors may retain profits they unwittingly made from a Ponzi scheme only if the debtor's payment of those profits, which necessarily reduced the net assets of the estate, "was offset by an equivalent benefit to the estate"

  9. Donell v. Kowell

    533 F.3d 762 (9th Cir. 2008)   Cited 336 times   6 Legal Analyses
    Holding that a receiver had standing to bring claims on behalf of a defrauded entity under the California Uniform Fraudulent Transfer Act

  10. Cargo Partner AG v. Albatrans, Inc.

    352 F.3d 41 (2d Cir. 2003)   Cited 264 times
    Holding continuity of ownership "is the essence of" a de facto merger

  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 345,715 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,478 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Section 544 - Trustee as lien creditor and as successor to certain creditors and purchasers

    11 U.S.C. § 544   Cited 8,184 times   57 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

  14. Section 547 - Preferences

    11 U.S.C. § 547   Cited 8,125 times   82 Legal Analyses
    Seeking to avoid preferential transfers

  15. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,509 times   81 Legal Analyses
    Seeking to avoid constructively fraudulent transfers

  16. Section 550 - Liability of transferee of avoided transfer

    11 U.S.C. § 550   Cited 4,479 times   29 Legal Analyses
    Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

  17. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,373 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  18. Section 78a - Short title

    15 U.S.C. § 78a   Cited 1,724 times   39 Legal Analyses
    Emphasizing considerations of federalism in SLUSA's legislative findings

  19. Section 771 - Comptroller General, powers and duties

    15 U.S.C. § 771   Cited 691 times   2 Legal Analyses
    Allowing private cause of action for violations of § 77e

  20. Section 545 - Statutory liens

    11 U.S.C. § 545   Cited 680 times   2 Legal Analyses
    Setting forth conditions under which a statutory lien may be avoided

  21. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,196 times   133 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"