Legal Opinion

Securities Investor Protection Corp. v. Stratton Oakmont, Inc.

United States Bankruptcy Court, S.D. New York

Decided May 7, 1999No. 18-01785PublishedCited by 120 opinions

1Opinion of the Court

OPINION ON MOTION TO DISMISS

TINA L. BROZMAN, Chief Judge.

The defendants in this adversary proceeding move to dismiss certain of the claims asserted against them for failure to plead fraud with particularity pursuant to Federal Rule of Civil Procedure (“F.R.C.P.”) 9(b) and failure to state a claim upon which relief can be granted pursuant to F.R.C.P. 12(b)(6), both made applicable to this adversary proceeding by Federal Rule of Bankruptcy Procedure (“F.R.B.P.”) 7009 and 7012, respectively. The facts are drawn, as they must be on a motion of this sort, from the allegations of the complaint.

I.…

2Cases cited140 opinions

Conley v. GibsonSupreme Court of the United States · 1957
Scheuer v. RhodesSupreme Court of the United States · 1974
Sarah B. Shields, Individually and as Representative of All Others Similarly Situated v. Citytrust Bancorp, Inc., George F. Taylor and Irwin EngelmanCourt of Appeals for the Second Circuit · 1994
Mills v. Polar Molecular Corp.Court of Appeals for the Second Circuit · 1993
G. M. Leasing Corp. v. United StatesSupreme Court of the United States · 1977

135 more not listed; retrieve them via the Exa API.

3Cited by120 opinions

Picard v. Cohmad Securities Corp. (In Re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2011
Picard v. Legacy Capital Ltd. (In re Bernard L. Madoff Investment Securities LLC)United States Bankruptcy Court, S.D. New York · 2016
Christian Bros. High School Endowment v. Bayou No Leverage Fund, LLC (In Re Bayou Group, LLC)District Court, S.D. New York · 2010
Silverman v. Actrade Capital, Inc. (In Re Actrade Financial Technologies Ltd.)United States Bankruptcy Court, S.D. New York · 2005
Chen v. New Trend Apparel, Inc.District Court, S.D. New York · 2014

115 more not listed; retrieve them via the Exa API.