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

MEMORANDUM OF LAW in Support re: 185 MOTION to Dismiss the Complaint Based on Section 546

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,776 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,482 times   366 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' "

  3. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 6,608 times
    Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

  4. Glob. Network Commc'ns v. City of N.Y

    458 F.3d 150 (2d Cir. 2006)   Cited 1,306 times
    Holding that courts may consider extrinsic documents when deciding a motion to dismiss where “the incorporated material is a contract or other legal document containing obligations upon which the plaintiff's complaint stands or falls, but which for some reason-usually because the document, read in its entirety would undermine the legitimacy of the plaintiff's claim-was not attached to the complaint”

  5. Sira v. Morton

    380 F.3d 57 (2d Cir. 2004)   Cited 1,197 times
    Holding that a denial of qualified immunity on the law "is collateral to the merits of the underlying action and is, therefore, considered final for appellate purposes"

  6. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,990 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  7. Hirsch v. Arthur Andersen Company

    72 F.3d 1085 (2d Cir. 1995)   Cited 679 times   2 Legal Analyses
    Holding that the claims “are the property of those investors, and may be asserted only by them and to the exclusion of [the Trustee]”

  8. In re Livent, Inc. Noteholders Securities Litig.

    151 F. Supp. 2d 371 (S.D.N.Y. 2001)   Cited 257 times
    Holding that tortious interference of contract claim was preempted by SLUSA because plaintiffs alleged elsewhere that defendants engaged in a fraudulent scheme and proof of the scheme was necessary to proving tortious interference with contract

  9. Krasner v. HSH Nordbank AG

    680 F. Supp. 2d 502 (S.D.N.Y. 2010)   Cited 130 times
    Holding that the plaintiff failed to state a retaliation claim based on a good faith belief that the widespread sexual favoritism constituted gender discrimination where the plaintiff's “own characterization of his internal complaints ... [was] entirely gender-neutral”

  10. Enron Creditors Recovery Corp. v. ALFA, S.A.B. DE C.V.

    651 F.3d 329 (2d Cir. 2011)   Cited 92 times   17 Legal Analyses
    Holding that early redemption payments of commercial paper are “settlement payments” within the meaning of § 741 and thus protected by the safe harbor provision of § 546(e) and that nothing in the text of § 741 or the Bankruptcy Code support a purchase or sale requirement

  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 347,976 times   926 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 101 - Definitions

    11 U.S.C. § 101   Cited 26,766 times   214 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

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

    11 U.S.C. § 544   Cited 8,199 times   60 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 8,136 times   85 Legal Analyses
    Seeking to avoid preferential transfers

  15. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,525 times   84 Legal Analyses
    Seeking to avoid constructively fraudulent transfers

  16. Section 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,686 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

  17. Section 550 - Liability of transferee of avoided transfer

    11 U.S.C. § 550   Cited 4,488 times   30 Legal Analyses
    Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

  18. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,940 times   54 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

  19. Section 546 - Limitations on avoiding powers

    11 U.S.C. § 546   Cited 2,237 times   70 Legal Analyses
    Granting an administrative expense priority claim

  20. Rule 7008 - General Rules of Pleading

    Fed. R. Bankr. P. 7008   Cited 1,548 times   6 Legal Analyses
    Adopting Fed.R.Civ.P. 8 in adversary proceedings