Legal Opinion
Pilarczyk v. Morrison Knudsen Corp.
District Court, N.D. New York
Decided May 19, 1997No. 1:95-cv-01835PublishedCited by 9 opinions
1Opinion of the Court
MEMORANDUM, DECISION & ORDER
McAVOY, Chief Judge.
Plaintiffs bring this securities fraud action pursuant to Section 10(h) of the Securities and Exchange Act of 1934 (the “Exchange Act”), 15 U.S.C. § 78j(b), and Section 20(a) of the Exchange Act, 15 U.S.C. § 78t(a). Plaintiffs also bring various common law causes of action. Defendants now move, pursuant to Fed.R.Civ.P. 12 and 9, to dismiss the Complaint. Plaintiffs cross-move for leave to amend.
I. BACKGROUND
A. Facts
The following are the facts as alleged in the First Amended Complaint (“Complaint” or “Compl.”). Since this motion is brought…
2Cases cited44 opinions
- Foman v. DavisSupreme Court of the United States · 1962
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Hughes v. RoweSupreme Court of the United States · 1980
- 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
- Lampf, Pleva, Lipkind, Prupis & Petigrow v. GilbertsonSupreme Court of the United States · 1991
39 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gupta v. Terra Nitrogen Corp.District Court, N.D. Ohio · 1998
- Official Committee of Unsecured Creditors of Lois/USA, Inc. v. Conseco Finance Servicing Corp. (In Re Lois/USA, Inc.)United States Bankruptcy Court, S.D. New York · 2001
- Nisselson v. Ford Motor Co. (In Re Monahan Ford Corp.)United States Bankruptcy Court, E.D. New York · 2006
- Thayer v. Dial Industrial Sales, Inc.District Court, S.D. New York · 2000
- In Re Fine Host Corp. Securities LitigationDistrict Court, D. Connecticut · 1998
4 more not listed; retrieve them via the Exa API.