§Why CasetextPricing

United States of America v. Bank of America

MEMORANDUM in Opposition re MOTION to Dismiss Plaintiff's Complaint

75 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,520 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 265,488 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' "

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,081 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Bailey v. United States

    516 U.S. 137 (1995)   Cited 2,761 times   12 Legal Analyses
    Holding that Government must show active employment of firearm to support § 924(c) conviction

  5. Matrixx Initiatives, Inc. v. Siracusano

    563 U.S. 2011 (2011)   Cited 1,334 times   55 Legal Analyses
    Holding that plaintiffs had adequately pled a Rule 10b–5 claim—where defendant had disputed the sufficiency of the allegations with respect to the elements of scienter and materiality—by alleging that defendant had forestalled a stock price drop by making affirmative statements confirming the market's impression that defendant's leading product was safe, despite defendant's awareness of evidence suggesting a significant risk that the nasal spray led to loss of sense of smell; when the risk was finally (belatedly) disclosed, the stock price plummeted

  6. United States v. Gaudin

    515 U.S. 506 (1995)   Cited 1,657 times   15 Legal Analyses
    Holding that a jury must decide whether a false statement under § 1001 is "material"

  7. United States v. Batchelder

    442 U.S. 114 (1979)   Cited 1,715 times   6 Legal Analyses
    Holding that the imposition of different imprisonment terms under different, but partially overlapping, firearm-possession statutes does not violate equal protection

  8. Mylan Laboratories, Inc. v. Matkari

    7 F.3d 1130 (4th Cir. 1993)   Cited 4,010 times   2 Legal Analyses
    Holding that the plaintiff's "claims that the defendants falsely represented that their drugs had been ‘properly approved by the FDA’ must fail"

  9. Harrison v. Westinghouse Savannah River Co.

    176 F.3d 776 (4th Cir. 1999)   Cited 1,987 times   10 Legal Analyses
    Holding that the plaintiff's allegation that the defendant represented that a particular project would take 1.5 years to complete, even though it knew it would take significantly longer, constituted a false statement under the FCA

  10. Walters v. Metro. Ed. Enters., Inc.

    519 U.S. 202 (1997)   Cited 437 times   4 Legal Analyses
    Holding that laws "must be interpreted, if possible, to give each word some operative effect"

  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 344,565 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

  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 107,349 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,830 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 1001 - Statements or entries generally

    18 U.S.C. § 1001   Cited 7,316 times   299 Legal Analyses
    Making false statements

  15. Section 1503 - Influencing or injuring officer or juror generally

    18 U.S.C. § 1503   Cited 2,507 times   17 Legal Analyses
    Relating to obstruction of justice

  16. Section 1014 - Loan and credit applications generally; renewals and discounts; crop insurance

    18 U.S.C. § 1014   Cited 1,778 times   106 Legal Analyses
    Penalizing false statement to influence federal loan or credit agency

  17. Section 1623 - False declarations before grand jury or court

    18 U.S.C. § 1623   Cited 1,627 times   9 Legal Analyses
    Criminalizing false statements under oath in judicial proceedings

  18. Section 1421 - Short title

    12 U.S.C. § 1421   Cited 96 times

    This chapter may be cited as the "Federal Home Loan Bank Act." 12 U.S.C. § 1421 July 22, 1932, ch. 522, §1, 47 Stat. 725. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLE OF 1999 AMENDMENT Pub. L. 106-102 §601, Nov. 12, 1999, 113 Stat. 1450, provided that: "This title [amending sections 250, 1422, 1422b, 1424, 1426, 1427, 1429, 1430, 1432, 1436, 1438, 1441b, 1464, and 1467a of this title, repealing sections 1442a and 1447 of this title, and enacting provisions set out as a note under section

  19. Section 1833a - Civil penalties

    12 U.S.C. § 1833a   Cited 80 times   20 Legal Analyses

    (a) In general Whoever violates any provision of law to which this section is made applicable by subsection (c) shall be subject to a civil penalty in an amount assessed by the court in a civil action under this section. (b) Maximum amount of penalty (1) Generally The amount of the civil penalty shall not exceed $1,000,000. (2) Special rule for continuing violations In the case of a continuing violation, the amount of the civil penalty may exceed the amount described in paragraph (1) but may not