Peak v. United States

1 Citing brief

  1. In Re: Adelphia Communication Corp.

    MOTION to Dismiss The CCH Non-Agent Lenders' Memorandum Of Law In Support Of Their Motion To Dismiss Counts 5, 6, 7, 8, 33, 41, And 50 Of Plaintiffs' Amended Complaint. Document

    Filed December 21, 2007

    See Nazarenus v. J.F. Daley Int’l, Ltd., 714 F. Supp. 361, 362 (N.D. Ill. 1989) (“Notice pleading does not require the suspension of common sense.”); see generally Peak v. United States, 353 U.S. 43, 46 (1957) (noting that “common sense often makes good law”). Plaintiffs allege that the CCH Confidential Memo contained the relevant information the Independent Directors allegedly did not receive, but never explain how it is that the Independent Directors did not ask for or obtain copies of this CCH Confidential Memo, which contained a cover letter from Adelphia confirming that the information in the CCH Confidential Memo was accurate.