87 Cited authorities

Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,584 times 105 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Basic Inc. v. Levinson
485 U.S. 224 (1988) Cited 3,421 times 313 Legal Analyses
Holding that the District Court appropriately certified the class based on the presumption of reliance
Bourjaily v. United States
483 U.S. 171 (1987) Cited 2,812 times 8 Legal Analyses
Holding that trial judge may consider any evidence whatsoever, including the proffered hearsay statements, in determining whether statements are admissible under the co-conspirator exception to the hearsay rule
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
552 U.S. 148 (2008) Cited 1,222 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"
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,758 times 79 Legal Analyses
Holding that, while aiding and abetting is "an ancient criminal law doctrine," it is "at best uncertain in application" for tort liability
Sparling v. Daou
411 F.3d 1006 (9th Cir. 2005) Cited 1,317 times 5 Legal Analyses
Holding that scienter is an element of § 10(b) claim
California Public Employees' Retirement System v. Chubb Corp.
394 F.3d 126 (3d Cir. 2004) Cited 1,319 times 4 Legal Analyses
Holding that confidential witness allegations lacked sufficient sources when brief job descriptions, such as “senior customer service team leader,” did not show how the confidential witnesses could “possess information that the standard commercial business was succeeding or failing on a national level”
Pavelic LeFlore v. Marvel Entertainment
493 U.S. 120 (1989) Cited 575 times 1 Legal Analyses
Holding that Rule 11 sanctions may only be imposed upon the attorney who actually signs the documents in question
Shields v. Citytrust Bancorp, Inc.
25 F.3d 1124 (2d Cir. 1994) Cited 1,872 times 5 Legal Analyses
Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"
Rothman v. Gregor
220 F.3d 81 (2d Cir. 2000) Cited 1,372 times 1 Legal Analyses
Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,207 times 337 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 4,080 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

Alaska Electrical Pension Fund et al v. Kerr-McGee Corporation et al

87 Cited authorities

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

Holding that the District Court appropriately certified the class based on the presumption of reliance

Holding that trial judge may consider any evidence whatsoever, including the proffered hearsay statements, in determining whether statements are admissible under the co-conspirator exception to the hearsay rule

Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

Holding that, while aiding and abetting is "an ancient criminal law doctrine," it is "at best uncertain in application" for tort liability

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

Holding that Rule 11 sanctions may only be imposed upon the attorney who actually signs the documents in question

Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )

Requiring that fraud be pleaded with particularity

Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"