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

MEMORANDUM OF LAW in Support re: 293 MOTION to Dismiss., 294 AMENDED MOTION to Dismiss. /SUPPLEMENTAL BRIEF OF NET LOSER INVESTMENT FUNDS IN SUPPORT OF THEIR MOTION TO DISMISS THE TRUSTEES CLAIMS UNDER 11 U.S.C. §§ 548

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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 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' "

  3. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,249 times   5 Legal Analyses
    Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

  4. Global-Tech Appliances, Inc. v. Seb S. A.

    563 U.S. 754 (2011)   Cited 803 times   65 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."

  5. Brass v. American Film Technologies, Inc.

    987 F.2d 142 (2d Cir. 1993)   Cited 1,914 times
    Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions

  6. Patel v. Contemporary Classics of Bev. Hills

    259 F.3d 123 (2d Cir. 2001)   Cited 594 times
    Holding that conversion “makes eminently good sense” under such circumstances and citing cases

  7. U.S. v. Space Hunters, Inc.

    429 F.3d 416 (2d Cir. 2005)   Cited 98 times
    Holding this for § 3603(b)

  8. In re Hydrogen, L.L.C.

    431 B.R. 337 (Bankr. S.D.N.Y. 2010)   Cited 53 times
    Rejecting the automatic application of the internal affairs doctrine to aiding and abetting breach of fiduciary duty claims

  9. Bayou Accredited Fund, LLC v. Redwood Growth Partners, L.P. (In re Bayou Group, LLC)

    396 B.R. 810 (Bankr. S.D.N.Y. 2008)   Cited 43 times
    Holding that under fraudulent transfer provisions of both Bankruptcy Code and New York's fraudulent transfer law, actual intent may be proven by circumstantial evidence, commonly referred to as "badges of fraud"

  10. In re New Times Securities Services, Inc.

    371 F.3d 68 (2d Cir. 2003)   Cited 50 times
    Finding agency interpretation persuasive under Skidmore because it furthered the statute's goals and was supported by the legislative history

  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. Section 548 - Fraudulent transfers and obligations

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

  13. Section 510 - Subordination

    11 U.S.C. § 510   Cited 1,702 times   22 Legal Analyses
    Seeking equitable subordination of pending punitive damages awards to the claims of unsecured creditors