48 Cited authorities

  1. 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"
  2. Leon v. Martinez

    84 N.Y.2d 83 (N.Y. 1994)   Cited 9,635 times   4 Legal Analyses
    Holding that the allegations in the complaint and the supporting affidavits were adequate to withstand a motion to dismiss
  3. Janus Capital Group Inc. v. First Derivative Traders

    564 U.S. 135 (2011)   Cited 567 times   104 Legal Analyses
    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”
  4. Mandarin v. Wildenstein

    2011 N.Y. Slip Op. 741 (N.Y. 2011)   Cited 1,604 times   5 Legal Analyses
    Holding that plaintiff must allege a misrepresentation or a material omission of fact which was "false and known to be false"
  5. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 520 times   17 Legal Analyses
    Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered
  6. Bartholet v. Reishauer A.G

    953 F.2d 1073 (7th Cir. 1992)   Cited 792 times   2 Legal Analyses
    Holding that Congress has "blotted out (almost) all state law" regarding employee benefit plans
  7. U.S. v. Quintieri

    306 F.3d 1217 (2d Cir. 2002)   Cited 471 times   1 Legal Analyses
    Holding that the district judge did not err, much less plainly err, by resentencing the defendant without an updated PSR in part because "[t]he defendant submitted a detailed letter updating the court on his conduct while incarcerated [a]nd the court provided the defendant, as well as his counsel, an opportunity to speak at the resentencing hearing"
  8. Matter of Express Indus. Terminal Corp. v. Dot

    93 N.Y.2d 584 (N.Y. 1999)   Cited 484 times   1 Legal Analyses
    In Matter of Exp.Indus. and Terminal Corp., 93 N.Y.2d 584, 591, 693 N.Y.S.2d 857, 715 N.E.2d 1050 (1999)..... Likewise, in Joseph Martin, Jr., Delicatessen, Inc. v. Schumacher, the court struck a renewal clause in a lease providing for future agreement on rent as overly vague.
  9. Banque Arabe et Internationale v. Md. Nat. Bank

    57 F.3d 146 (2d Cir. 1995)   Cited 457 times   1 Legal Analyses
    Holding that no special relationship exists in a banking relationship generally
  10. Sargiss v. Magarelli

    2009 N.Y. Slip Op. 4301 (N.Y. 2009)   Cited 235 times
    Holding that claim was timely when brought after daughter discovered financial documents in late father's home
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,504 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
  13. Rule 406 - Habit; Routine Practice

    Fed. R. Evid. 406   Cited 736 times   3 Legal Analyses
    Stating that evidence of an organization's routine practice can be admitted to prove that the organization acted in accordance with that routine practice on a particular occasion
  14. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,197 times   133 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"
  15. Section 270.17a-9 - Purchase of certain securities from a money market fund by an affiliate, or an affiliate of an affiliate

    17 C.F.R. § 270.17a-9   Cited 2 times   1 Legal Analyses

    The purchase of a security from the portfolio of an open-end investment company holding itself out as a money market fund by any affiliated person or promoter of or principal underwriter for the money market fund or any affiliated person of such person shall be exempt from section 17(a) of the Act (15 U.S.C. 80a-17(a) ) ; provided that: (a) In the case of a portfolio security that has ceased to be an Eligible Security (as defined in § 270.2a-7(a)(12) ), or has defaulted (other than an immaterial