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Thomas H. Lee Equity Fund V, L.P. et al v. Grant Thornton LLP

MEMORANDUM OF LAW in Support re: [6] MOTION to Dismiss the Complaint.. Document

23 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,563 times   364 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' "

  2. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,234 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"

  3. 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

  4. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,984 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

  5. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 1,165 times   4 Legal Analyses
    Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity

  6. Wight v. Bankamerica Corp.

    219 F.3d 79 (2d Cir. 2000)   Cited 422 times   1 Legal Analyses
    Holding that judicial estoppel did not apply where the allegedly inconsistent position was not considered by the prior court

  7. Credit Corp. v. Andersen Co.

    65 N.Y.2d 536 (N.Y. 1985)   Cited 472 times   3 Legal Analyses
    Holding that multiple, direct and substantive communications and personal meetings with the relying customers established a relationship sufficiently approaching privity

  8. In re Refco, Inc. Securities Litigation

    503 F. Supp. 2d 611 (S.D.N.Y. 2007)   Cited 192 times
    Holding that Securities Act allegations did not sound in fraud where complaint was "carefully structured so as to draw a clear distinction between negligence and fraud claims"

  9. Houbigant, Inc. v. Deloitte & Touche, LLP

    303 A.D.2d 92 (N.Y. App. Div. 2003)   Cited 180 times   1 Legal Analyses
    Finding that the plaintiffs' allegations sufficiently alleged misrepresentation and scienter when "Houbigant allege[d] that when Deloitte certified the accuracy of RCI's financial statements, it knew, but failed to acknowledge, that RCI's financial statements actually contained numerous serious irregularities and inaccuracies, which it knew could have a material impact on the accuracy of the financial statements' recitation of the corporation's net worth"

  10. Parrott v. Coopers Lybrand, L.L.P.

    95 N.Y.2d 479 (N.Y. 2000)   Cited 153 times   1 Legal Analyses
    Finding no special relationship where defendant did not know its reports would be used specifically in connection with plaintiff's stock purchase agreement

  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 344,659 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss