Bell Atl. Corp. v. Twombly

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Tellabs v. Makor Issues Rights

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Matrixx Initiatives, Inc. v. Siracusano

Holding that plaintiffs had adequately pled a Rule 10b–5 claim—where defendant had disputed the sufficiency of the allegations with respect to the elements of scienter and materiality—by alleging that defendant had forestalled a stock price drop by making affirmative statements confirming the market's impression that defendant's leading product was safe, despite defendant's awareness of evidence suggesting a significant risk that the nasal spray led to loss of sense of smell; when the risk was finally (belatedly) disclosed, the stock price plummeted

U.S. v. Ritchie

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Swartz v. KPMG LLP

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

Janus Capital Group Inc. v. First Derivative Traders

Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

Kearns v. Ford Motor Co.

Holding that circumstances constituting fraud must be stated with particularity

Zucco Partners, LLC v. Digimarc Corp.

Holding that "[m]ere conclusory allegations" about the resignations of company executives did not, without more, give rise to a strong inference of scienter

Sparling v. Daou

Holding that scienter is an element of § 10(b) claim

Warren v. Fox Family Worldwide, Inc.

Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 9 - Pleading Special Matters

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Section 78j - Manipulative and deceptive devices

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Section 78u-4 - Private securities litigation

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Section 19.40.041 - Transfers voidable as to present and future creditors

Requiring "actual intent to hinder, delay, or defraud any creditor of the debtor"

Section 21.20.010 - Unlawful offers, sales, purchases

Relating to fraud in the solicitation of the sale of securities

Section 21.20.430 - Civil liabilities-Survival, limitation of actions-Waiver of chapter void-Scienter

Allowing for the award of attorney fees and costs to prevailing plaintiffs

Section 21.20.900 - Construction to secure uniformity

Section 240.10b-5 - Employment of manipulative and deceptive devices

Holding liable any person who "make any untrue statement of material fact"