11 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,848 times 369 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
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 4,018 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
In re Mortgageamerica Corp.
714 F.2d 1266 (5th Cir. 1983) Cited 343 times 4 Legal Analyses
Holding that a fraudulent transfer claim against a corporate debtor's control person belongs to the corporate debtor, not to specific creditors
National American Ins. v. Ruppert Landscaping
187 F.3d 439 (4th Cir. 1999) Cited 151 times
Holding that sureties of debtor, as individual creditors of debtor, lacked standing to pursue claims that were similar in nature and purpose to fraudulent conveyance claims that might be brought by trustee
Catskill Mountains Chapter of Trout v. U.S. EPA
630 F. Supp. 2d 295 (S.D.N.Y. 2009) Cited 60 times
Granting a stay of the action pending the outcome of an 11th Circuit case, "finding that while a decision will not necessarily be binding on this Court, resolution of [another case may] guide this Court in ruling on . . . the key issues in this litigation."
Sierra Rutile Ltd. v. Katz
937 F.2d 743 (2d Cir. 1991) Cited 76 times
Holding Section 16 does not provide jurisdiction when the parties to an action had no agreement to arbitrate, because no issue was referable to arbitration under an agreement pursuant to Section 3
Allard v. DeLorean
884 F.2d 464 (9th Cir. 1989) Cited 62 times
Holding that, in light of the parties' settlement of a separate matter, the plaintiff no longer had the ability to obtain any relief in the case on appeal
Meoli v. Huntington Nat'l Bank (In re Teleservices Grp., Inc.)
463 B.R. 28 (Bankr. W.D. Mich. 2012) Cited 12 times
Holding that section 362 stayed a creditor's unjust enrichment claim seeking money from third-party bank that had received fraudulent transfers from the debtor, which were traceable to the creditor
Matter of Daniele Laundries, Inc.
40 B.R. 404 (Bankr. S.D.N.Y. 1984) Cited 15 times
Stating that the trustee's fraudulent transfer action "supersedes [the creditor's] state court action, so that [the creditor] lacks standing to pursue its case"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,812 times 92 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
Rule 7015 - Amended and Supplemental Pleadings
Fed. R. Bankr. P. 7015 Cited 1,366 times
Adopting FRCP 15 for adversary proceedings

Smartmatic USA Corporation et al v. Dominion Voting Systems Corporation et al

11 Cited authorities

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

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding that a fraudulent transfer claim against a corporate debtor's control person belongs to the corporate debtor, not to specific creditors

Holding that sureties of debtor, as individual creditors of debtor, lacked standing to pursue claims that were similar in nature and purpose to fraudulent conveyance claims that might be brought by trustee

Granting a stay of the action pending the outcome of an 11th Circuit case, "finding that while a decision will not necessarily be binding on this Court, resolution of [another case may] guide this Court in ruling on . . . the key issues in this litigation."

Holding Section 16 does not provide jurisdiction when the parties to an action had no agreement to arbitrate, because no issue was referable to arbitration under an agreement pursuant to Section 3

Holding that, in light of the parties' settlement of a separate matter, the plaintiff no longer had the ability to obtain any relief in the case on appeal

Holding that section 362 stayed a creditor's unjust enrichment claim seeking money from third-party bank that had received fraudulent transfers from the debtor, which were traceable to the creditor

Stating that the trustee's fraudulent transfer action "supersedes [the creditor's] state court action, so that [the creditor] lacks standing to pursue its case"

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

Adopting FRCP 15 for adversary proceedings