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U.S. Commodity Futures Trading Commission v. Amaranth Advisors, L.L.C. et al

REPLY MEMORANDUM OF LAW in Support re: 45 MOTION to Dismiss the action for failure to state a claim, pursuant to Fed R. Civ. P. 12

26 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,756 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,087 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  3. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,484 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,872 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

  5. Cuoco v. Moritsugu

    222 F.3d 99 (2d Cir. 2000)   Cited 4,554 times
    Holding that a pro se plaintiff should be "grant[ed] leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated" but leave to amend may be properly denied as "futile"

  6. Kassner v. 2nd Avenue Delicatessen Inc.

    496 F.3d 229 (2d Cir. 2007)   Cited 1,633 times   3 Legal Analyses
    Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"

  7. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,383 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  8. Merrill Lynch, Pierce, Fenner Smith v. Curran

    456 U.S. 353 (1982)   Cited 570 times
    Holding that congressional amendment of the Commodity Exchange Act that was silent on the subject of private judicial remedies did not overturn federal court decisions routinely and consistently recogniz[ing] an implied private cause of action"

  9. Schreiber v. Burlington Northern, Inc.

    472 U.S. 1 (1985)   Cited 138 times   1 Legal Analyses
    Holding that "the term ‘manipulative’ as used in § 14(e) [of the Securities Exchange Act of 1934] requires misrepresentation or nondisclosure"

  10. GFL Advantage Fund, Ltd. v. Colkitt

    272 F.3d 189 (3d Cir. 2001)   Cited 124 times   1 Legal Analyses
    Holding that to prove fraud, the defendant must be "engaged in deceptive or manipulative conduct by injecting inaccurate information into the marketplace or creating a false impression of supply and demand for the security"

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 9 - Prohibition regarding manipulation and false information

    7 U.S.C. § 9   Cited 301 times   75 Legal Analyses
    Authorizing the CFTC to seek to prohibit from future trading any person who "has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission"

  13. Section 13 - Violations generally; punishment; costs of prosecution

    7 U.S.C. § 13   Cited 261 times   12 Legal Analyses
    Pertaining to punishment for violations of the Commodity Exchange Act