Legal Opinion
Kerrigan v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
District Court, S.D. New York
Decided May 22, 1978No. 76 Civ. 2197 (GLG)PublishedCited by 20 opinions
1Opinion of the Court
OPINION
GOETTEL, District Judge.
In this securities action, the defendants moved to dismiss for failure to state a claim upon which relief can be granted or, alternatively, for summary judgment. In response, the plaintiffs moved for leave to amend their complaint, in order to add several factual allegations and substantive claims. The defendants opposed the motion for leave to amend on several grounds, but primarily on the basis that the complaint if amended as proposed still fails to state a claim or is equally vulnerable to summary judgment.
Since all the defendants’ arguments for dismissal of…
2Cases cited31 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Cort v. AshSupreme Court of the United States · 1975
- Blue Chip Stamps v. Manor Drug StoresSupreme Court of the United States · 1975
- Affiliated Ute Citizens of Utah v. United StatesSupreme Court of the United States · 1972
26 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Fed. Sec. L. Rep. P 98,777, 11 Fed. R. Evid. Serv. 781 Chemetron Corporation, Cross-Appellant v. Business Funds, Inc., Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1982
- Rose v. Arkansas Valley Environmental & Utility AuthorityDistrict Court, W.D. Missouri · 1983
- State Teachers Retirement Board v. Fluor Corp.District Court, S.D. New York · 1980
- Fed. Sec. L. Rep. P 97,824 Nathan Dwoskin v. Rollins, Inc.Court of Appeals for the Fifth Circuit · 1981
- Benson v. RMJ Securities Corp.District Court, S.D. New York · 1988
15 more not listed; retrieve them via the Exa API.