§Why CasetextPricing

The A Star Group, LLC v. Manitoba Hydro et al

REPLY MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss Notice of KPMG LLP

13 Cited authorities

  1. Wynder v. McMahon

    360 F.3d 73 (2d Cir. 2004)   Cited 747 times   2 Legal Analyses
    Holding that district court erred in dismissing on Rule 8 grounds when the complaint, though long, was not "so confused, ambiguous, vague or otherwise unintelligible that its true substance, if any, is well disguised"

  2. Kewanee Oil Co. v. Bicron Corp.

    416 U.S. 470 (1974)   Cited 505 times   16 Legal Analyses
    Holding that state trade secret law is not categorically preempted by federal patent law, noting that " most fundamental human right, that of privacy, is threatened when industrial espionage is condoned or is made profitable; the state interest in denying profit to such illegal ventures is unchallengeable" (footnote omitted)

  3. Wright v. Ernst & Young LLP

    152 F.3d 169 (2d Cir. 1998)   Cited 658 times   10 Legal Analyses
    Holding a party may not amend its complaint by advancing a new theory of liability for the first time in its opposition to a motion to dismiss

  4. In re Polaroid Erisa Litigation

    362 F. Supp. 2d 461 (S.D.N.Y. 2005)   Cited 87 times
    Holding that plaintiffs stated a claim based on defendants' alleged failure “to keep Plan participants informed of material adverse developments” regarding the employer's deteriorating financial situation

  5. Ritani, LLC v. Aghjayan

    880 F. Supp. 2d 425 (S.D.N.Y. 2012)   Cited 61 times   2 Legal Analyses
    Holding that likelihood of confusion was adequately pleaded based on defendant's intentional use of and association with plaintiff's "Ritani" mark in marketing materials

  6. Krys v. Aaron (In re Refco Inc. Sec. Litig.)

    826 F. Supp. 2d 478 (S.D.N.Y. 2011)   Cited 63 times
    Finding it insufficient for pleading intent to procure breach that "defendant engaged in wrongful conduct that had the effect of impairing a plaintiff's contract"

  7. Friedman v. Wahrsager

    848 F. Supp. 2d 278 (E.D.N.Y. 2012)   Cited 50 times
    Holding that when a claim sounds in "constructive fraud, as opposed to fraudulent intent, the heightened pleading standard embodied in Rule 9(b) does not apply"

  8. Fisch v. New Heights Acad. Charter Sch.

    12 Civ. 2033 (DLC) (S.D.N.Y. Sep. 13, 2012)   Cited 21 times
    Finding that, despite defendant's argument that plaintiff was "simply acting in his capacity as [Chief Operating Officer]," plaintiff had engaged in protected activity where he had "investigated] matters that were calculated, or reasonably could lead, to a viable FCA action" (quoting Shekoyan v. Sibley Int'l, 409 F.3d 414, 423 (D.C. Cir. 2005

  9. N. Shipping Funds I, L.L.C. v. Icon Capital Corp.

    12 Civ. 3584 (JCF) (S.D.N.Y. Apr. 12, 2013)   Cited 14 times
    Dismissing tortious interference claim where plaintiff "allege[d] ... that [the breaching party] ‘lacked a good faith intention to carry out its material obligations in the ... [a]greement’ "

  10. Watts v. Jackson Hewitt Tax Service Inc.

    675 F. Supp. 2d 274 (E.D.N.Y. 2009)   Cited 13 times
    In Watts, as here, a party obtained allegedly confidential materials from the claimant's former employees and then submitted them during discovery in an action involving the claimant.

  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 357,835 times   950 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."