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

MEMORANDUM OF LAW in Support re: 247 MOTION to Dismiss the Amended Complaint Based on Section 546

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,409 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 284,187 times   370 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Harris v. Mills

    572 F.3d 66 (2d Cir. 2009)   Cited 7,153 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 1,386 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. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 2,071 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  6. Hirsch v. Arthur Andersen Company

    72 F.3d 1085 (2d Cir. 1995)   Cited 689 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]”

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

    151 F. Supp. 2d 371 (S.D.N.Y. 2001)   Cited 267 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

  8. Krasner v. HSH Nordbank AG

    680 F. Supp. 2d 502 (S.D.N.Y. 2010)   Cited 136 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”

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

    651 F.3d 329 (2d Cir. 2011)   Cited 93 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

  10. In re Henderson

    423 B.R. 598 (Bankr. N.D.N.Y. 2010)   Cited 87 times
    Holding that a knowing diversion of trust funds for personal use constituted acting in a fiduciary capacity under Section 523 of the Bankruptcy Code

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 166,425 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 101 - Definitions

    11 U.S.C. § 101   Cited 27,110 times   231 Legal Analyses
    Defining "securities clearing agency" by reference to the Securities Exchange Act of 1934

  13. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,822 times   77 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

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

    11 U.S.C. § 544   Cited 8,298 times   68 Legal Analyses
    Granting to the bankruptcy trustee the power to "avoid any transfer of an interest of the debtor in property"

  15. Section 547 - Preferences

    11 U.S.C. § 547   Cited 8,226 times   88 Legal Analyses
    Seeking to avoid preferential transfers

  16. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,655 times   94 Legal Analyses
    Seeking to avoid constructively fraudulent transfers

  17. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,971 times   56 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

  18. Section 546 - Limitations on avoiding powers

    11 U.S.C. § 546   Cited 2,284 times   74 Legal Analyses
    Granting an administrative expense priority claim

  19. Section 1a - Definitions

    7 U.S.C. § 1a   Cited 338 times   65 Legal Analyses
    Defining "excluded commodity" under Commodity Exchange Act

  20. Section 741 - Definitions for this subchapter

    11 U.S.C. § 741   Cited 191 times   14 Legal Analyses
    Defining "customer"