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' "

Lexmark Int'l, Inc. v. Static Control Components, Inc.

Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

Blue Chip Stamps v. Manor Drug Stores

Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5

Ganino v. Citizens Utilities Co.

Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test

Piper v. Chris-Craft Industries

Holding single statement in legislative history inadequate demonstration of congressional consent

Neubronner v. Milken

Holding that Rule 9(b)'s purpose is "to prevent the filing of a complaint as a pretext for the discovery of unknown wrongs" and finding the Section 20A insufficiently pled because it lacked "facts [such] as the times, dates, places" or "allegations on information and belief . . . [to] state the factual basis for the belief"

Kennedy v. Applause, Inc.

Holding that Rule 4 did not apply because the amount of fees and costs had yet to be determined and the district court had requested briefing on the matter

Brody v. Transitional Hospitals Corp.

Holding that, to be actionable, an omission must "affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists"

S. Cal. Darts Ass'n v. Zaffina

Finding unlawful use defense failed, in part, because"[e]ven assuming that [plaintiff] unlawfully failed to pay taxes, its misconduct would be unrelated to the purpose of the federal trademark laws and, therefore, collateral and immaterial."

In re Apple Computer Securities Litigation

Holding that "[t]he market could not have been made more aware" of the investment risk because the risk was thoroughly reported by the press

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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 78n - Proxies

Incorporating § 78m(d) by reference

Section 78m - Periodical and other reports

Authorizing Commission to adopt disclosure requirements for certain repurchases of securities by issuer

Section 141 - Board of directors; powers; number, qualifications, terms and quorum; committees; classes of directors; nonstock corporations; reliance upon books; action without meeting; removal

Permitting action without a meeting if the board consents

Section 223 - Vacancies and newly created directorships

Providing that when a corporation does not have any directors because of death, resignation, or any other cause, any shareholder may call a special meeting for the purposes of electing new directors

Section 216 - Quorum and required vote for stock corporations

Requiring stock corporation to establish for the transaction of any business a quorum requirement of at least one-third of the shares entitled to vote

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

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

Section 240.14a-9 - False or misleading statements

Stating that a proxy statement shall not "contain any statement which, at the time and in the light of the circumstances under which it is made, is false or misleading with respect to any material fact, or which omits to state any material fact necessary in order to make the statements therein not false or misleading"

Section 240.14e-3 - Transactions in securities on the basis of material, nonpublic information in the context of tender offers

Prohibiting purchase or sale of securities by anyone who has nonpublic, material information about a tender offer if anyone has commenced or taken substantial steps toward the making of a tender offer

Section 240.14d-1 - Scope of and definitions applicable to Regulations 14D and 14E

Section 240.14d-3 - Filing and transmission of tender offer statement

Requiring that the Tender Offer Statement on Schedule TO be filed with the SEC and delivered to stockholders