Topic: a complaint can be dismissed for failure to state a claim p… · Go Syfert
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Topic #6559

7 canonical passages across 5 cases, quoted by 54 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Official Committee Of The Unsecured Creditors Of Color Tile, Inc. v. Coopers & Lybrand, Llp.

#Case FlagCanonical passage Citers
1 Official Committee Of The Unsecured Creditors Of Color Tile, Inc. v. Coopers & Lybrand, Llp Anchor
ca2 · 2003
green “a complaint can be dismissed for failure to state a claim pursuant to a rule 12(b)(6) motion raising an affirmative defense if the defense appears on the face of the complaint.” 11
2 Picard v. Katz
nysd · 2011
green “it is patent that all of madoff securities' transfers during the two-year period were made with actual intent to defraud present and future creditors, i.e., those left holding the bag when the scheme was uncovered.” 8
3 In re: Bernard L. Madoff Investment Securities LLC
ca2 · 2014
green “section 546(e) sets a low bar for the required relationship between the securities contract and the transfer sought to be avoided.” 7
4 Merit Management Group, LP v. FTI Consulting, Inc.
scotus · 2018
green “mere 'conduit' for the transmission of the margin payments.” 7
5 Merit Management Group, LP v. FTI Consulting, Inc.
scotus · 2018
green “to maximize the funds available for, and ensure equity in, the distribution to creditors in a bankruptcy proceeding. . . .” 7
6 Picard v. Katz
nysd · 2011
green “because madoff securities was a registered stockbrokerage firm, the liabilities of customers . . . are subject to the 'safe harbor' set forth in section 546(e) of the bankruptcy code,” 7
7 Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC (In re Madoff Securities)
nysd · 2013
green “subsequent transferee . . . may raise any defenses to avoidance available to the initial transferee, as well as any defenses to recovery it may have.” 7

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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