§Why CasetextPricing

Western and Southern Life Insurance Company et al v. Countrywide Financial Corp. et al

REPLY In Support Of MOTION to Dismiss Case 168

126 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,078 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,488 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  3. Sprint Communications Co. v. APCC Services, Inc.

    554 U.S. 269 (2008)   Cited 787 times   8 Legal Analyses
    Holding that a federal cause of action that permitted payphone operators to seek compensation from long-distance carriers for certain calls was assignable

  4. American Pipe Construction Co. v. Utah

    414 U.S. 538 (1974)   Cited 2,124 times   162 Legal Analyses
    Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

  5. Clemens v. DaimlerChrysler Corp.

    530 F.3d 852 (9th Cir. 2008)   Cited 920 times   5 Legal Analyses
    Holding that "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"

  6. In re NAHC, Inc. Securities Litigation

    306 F.3d 1314 (3d Cir. 2002)   Cited 707 times   1 Legal Analyses
    Holding that an amendment was futile because the claims would be barred by the statute of limitations

  7. Banque Arabe et Internationale v. Md. Nat. Bank

    57 F.3d 146 (2d Cir. 1995)   Cited 457 times   1 Legal Analyses
    Holding that no special relationship exists in a banking relationship generally

  8. Citigroup Inc. v. City Holding Co.

    97 F. Supp. 2d 549 (S.D.N.Y. 2000)   Cited 386 times
    Holding that a website operator transacted business in New York under the long-arm statute when its website would permit a user to apply for a loan

  9. Townsend v. Sears, Roebuck Co.

    227 Ill. 2d 147 (Ill. 2007)   Cited 306 times
    Finding a conflict because "Illinois does not prohibit the recovery of punitive damages in product liability cases" while in Michigan "only compensatory damages are available"

  10. Global Financial Corp. v. Triarc Corp.

    93 N.Y.2d 525 (N.Y. 1999)   Cited 286 times
    Holding that where the alleged injury was "purely economic," the non-resident corporate Plaintiff's breach of contract claims accrued in the jurisdiction in which it sustained the economic impact of the alleged breach — either the state of incorporation or its principal place of business — rather than New York, thus requiring application of the borrowing statute

  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 348,617 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 1464 - Federal savings associations

    12 U.S.C. § 1464   Cited 960 times   7 Legal Analyses
    Granting broad authority to Office of Thrift Supervision to issue regulations governing thrifts

  13. Section 95.031 - Computation of time

    Fla. Stat. § 95.031   Cited 630 times   9 Legal Analyses
    Delaying the start of the four-year limitations period for actions "founded upon fraud" until "the facts giving rise to the cause of action were discovered or should have been discovered with the exercise of due diligence"

  14. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 586 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

  15. Section 95.11 - [Effective 7/1/2024] Limitations other than for the recovery of real property

    Fla. Stat. § 95.11   Cited 159 times   6 Legal Analyses
    Providing for five-year limitations period for breach-of-contract claims

  16. Section 815 ILCS 5/13 - Private and other civil remedies; securities

    815 ILCS 5/13   Cited 99 times   2 Legal Analyses
    Specifying that those who participated or aided in selling a security in violation of the Illinois securities laws are "joint and severally liable to the purchaser," including purchasers' attorneys' fees and expenses

  17. Section 735 ILCS 5/13-210 - Foreign limitation

    735 ILCS 5/13-210   Cited 34 times
    Amending Ill. Rev. Stat. 1991, ch. 110, par. 13-210