§Why CasetextPricing

The Colonial BancGroup, Inc. v. Federal Deposit Insurance Corporation

BRIEF/MEMORANDUM in Support re MOTION for Partial Judgment on the Pleadings

48 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 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 268,865 times   367 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,191 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. SFM Holdings Ltd. v. Banc of America Securities, LLC

    600 F.3d 1334 (11th Cir. 2010)   Cited 387 times
    Holding that "relationship-forming contracts are central to a plaintiff's claim"

  5. Jacobs v. Tempur-Pedic Intern

    626 F.3d 1327 (11th Cir. 2010)   Cited 374 times
    Holding an allegation insufficient that stated plaintiff's resale price fixing agreements "have unreasonably restrained, do unreasonably restrain, and will continue to unreasonably restrain trade and commerce in the visco-elastic mattress market ... by eliminating price competition" (omission in original)

  6. Carmichael v. Kellogg

    572 F.3d 1271 (11th Cir. 2009)   Cited 328 times
    Holding that an issue that a party "fail to develop" an argument for and does not "offer any citation to the record in support of it" is "waived"

  7. In re International Administrative Serv. Inc.

    408 F.3d 689 (11th Cir. 2005)   Cited 358 times   3 Legal Analyses
    Holding that a bankruptcy court's order is complete when made, not when it is reduced to paper and entered on the docket

  8. Bonded Fin. Services v. European Amer. Bank

    838 F.2d 890 (7th Cir. 1988)   Cited 581 times   5 Legal Analyses
    Holding that a bank was not an initial transferee because it held funds “only for the purpose of fulfilling an instruction to make the funds available to someone else”

  9. Mellon Bank, N.A. v. Metro Comm., Inc.

    945 F.2d 635 (3d Cir. 1991)   Cited 507 times   1 Legal Analyses
    Holding that the fraudulent conveyance provisions of the Bankruptcy Code are applicable to leveraged buyouts

  10. Oakwood v. State

    539 F.3d 373 (6th Cir. 2008)   Cited 166 times
    Holding that Ambase is inapposite

  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 348,416 times   930 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 26,775 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 8,203 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 8,139 times   85 Legal Analyses
    Seeking to avoid preferential transfers

  15. Section 548 - Fraudulent transfers and obligations

    11 U.S.C. § 548   Cited 6,529 times   84 Legal Analyses
    Seeking to avoid constructively fraudulent transfers

  16. Section 550 - Liability of transferee of avoided transfer

    11 U.S.C. § 550   Cited 4,491 times   30 Legal Analyses
    Identifying a transferee’s liability to a trustee for, among other things, fraudulent transfers

  17. Section 1821 - Insurance Funds

    12 U.S.C. § 1821   Cited 2,941 times   54 Legal Analyses
    Granting FDIC standing to bring civil actions for money damages against the Bank's directors as the successor

  18. Section 1828 - Regulations governing insured depository institutions

    12 U.S.C. § 1828   Cited 216 times   24 Legal Analyses
    Defining golden parachute payment as including any payment or agreement to pay "pursuant to an obligation" that is contingent on the IAP's termination

  19. Section 8-9A-4 - Transfers fraudulent as to present and future creditors

    Ala. Code § 8-9A-4   Cited 99 times
    Providing "consideration may be given" to the listed factors

  20. Section 8-9A-5 - Transfers fraudulent as to present creditors

    Ala. Code § 8-9A-5   Cited 59 times
    Reciting element of constructive fraudulent transfer that "the debtor was insolvent at the time or the debtor became insolvent as a result of the transfer "

  21. Section 325.2 - Definitions

    12 C.F.R. § 325.2   Cited 2 times
    Defining "tangible equity" to exclude "all intangible assets" except for certain purchased mortgage servicing rights