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The People of the State of New York by Andrew M. Cuomo,, Respondent,v.Maurice R. Greenberg, et al., Appellants.

Brief

33 Cited authorities

  1. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,543 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  2. Alden v. Maine

    527 U.S. 706 (1999)   Cited 2,306 times   15 Legal Analyses
    Holding that sovereign immunity prohibits a private citizen from suing a State in state court

  3. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,181 times   80 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

  4. Nat'l Fed'n of Indep. Bus. v. Sebelius

    567 U.S. 519 (2012)   Cited 955 times   67 Legal Analyses
    Holding that the Patient Protection and Affordable Care Act of 2010 was not a valid exercise of the Commerce Clause power after focusing solely on whether it regulated "economic activity" without discussing the remaining Morrison factors

  5. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,690 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  6. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 668 times   43 Legal Analyses
    Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

  7. Blue Chip Stamps v. Manor Drug Stores

    421 U.S. 723 (1975)   Cited 2,069 times   26 Legal Analyses
    Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5

  8. Aaron v. Securities & Exchange Commission

    446 U.S. 680 (1980)   Cited 777 times   27 Legal Analyses
    Holding that scienter is an element of Section 10(b), Rule 10b-5, and Section 17, but not Section 17 or

  9. Alfred L. Snapp Son, Inc. v. Puerto Rico

    458 U.S. 592 (1982)   Cited 534 times   1 Legal Analyses
    Holding that a state has a legally protectable interest in enforcing its legal code

  10. U.S. Term Limits, Inc. v. Thornton

    514 U.S. 779 (1995)   Cited 339 times
    Holding that "a state amendment" regulating ballot access "is unconstitutional when it has the likely effect of handicapping a class of candidates and has the sole purpose of creating additional qualifications indirectly"

  11. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,442 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  12. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 906 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

  13. Section 77z-1 - Private securities litigation

    15 U.S.C. § 77z-1   Cited 454 times   14 Legal Analyses
    Discussing "[t]otal attorneys' fees and expenses" that can be awarded by court

  14. Section 77p - Additional remedies; limitation on remedies

    15 U.S.C. § 77p   Cited 449 times   16 Legal Analyses
    Allowing certain securities class actions to be removed to federal court

  15. Section 352-C - Prohibited acts constituting misdemeanor; felony

    N.Y. Gen. Bus. Law § 352-C   Cited 248 times

    1. It shall be illegal and prohibited for any person, partnership, corporation, company, trust or association, or any agent or employee thereof, to use or employ any of the following acts or practices: (a) Any fraud, deception, concealment, suppression, false pretense or fictitious or pretended purchase or sale; (b) Any promise or representation as to the future which is beyond reasonable expectation or unwarranted by existing circumstances; (c) Any representation or statement which is false, where

  16. Section 77r - Exemption from State regulation of securities offerings

    15 U.S.C. § 77r   Cited 201 times   9 Legal Analyses
    Recognizing state authority to regulate offerings of securities that are completely intra-state

  17. Section 354 - Examination of witnesses and preliminary injunction

    N.Y. Gen. Bus. Law § 354   Cited 39 times
    In General Business Law § 354, the Legislature explicitly provided that the civil practice laws and rules are inapplicable to an application for an order for the examination of witnesses. That section states further that "[t]he order shall be granted by the justice of the supreme court to whom the application has been made with such preliminary injunction or stay as may appear to such justice to be proper and expedient" (underlining supplied).

  18. Section 358 - Criminal prosecution

    N.Y. Gen. Bus. Law § 358   Cited 20 times

    The attorney-general may prosecute every person charged with the commission of a criminal offense in violation of the laws of this state, applicable to or in respect of the practices or transactions which in this article are referred to as fraudulent practices. In all such proceedings, the attorney-general may appear in person or by his deputy before any court of record or any grand jury and exercise all the powers and perform all the duties in respect of such actions or proceedings which the district

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

    17 C.F.R. § 240.10b-5   Cited 9,184 times   132 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"