66 Cited authorities

Spokeo, Inc. v. Robins
578 U.S. 330 (2016) Cited 8,426 times 444 Legal Analyses
Holding that a statutory violation, without more, did not give rise to Article III standing
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 29,630 times 144 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Warth v. Seldin
422 U.S. 490 (1975) Cited 12,327 times 15 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 4,058 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.
429 U.S. 477 (1977) Cited 2,119 times 20 Legal Analyses
Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws
Atlantic Richfield Co. v. USA Petroleum Co.
495 U.S. 328 (1990) Cited 863 times 6 Legal Analyses
Holding that an antitrust injury is an injury that is "attributable to an anti-competitive aspect of the practice under scrutiny"
Verizon Comm. v. Law Offices of Trinko
540 U.S. 398 (2004) Cited 539 times 61 Legal Analyses
Holding even a monopolist has no duty to cooperate with rivals
Loreley Financing (Jersey) No. 3 Ltd. v. Wells Fargo Securities, LLC
797 F.3d 160 (2d Cir. 2015) Cited 1,064 times 4 Legal Analyses
Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”
Novak v. Kasaks
216 F.3d 300 (2d Cir. 2000) Cited 1,648 times 9 Legal Analyses
Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false
Anderson News, L. L.C. v. Am. Media, Inc.
680 F.3d 162 (2d Cir. 2012) Cited 624 times 3 Legal Analyses
Holding that defendants' “varied” actions during the initial stages of the alleged conspiracy did not render the existence of a conspiracy implausible
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,466 times 340 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 25 - Private rights of action
7 U.S.C. § 25 Cited 282 times 4 Legal Analyses
Granting federal courts exclusive jurisdiction over private claims brought under the CEA

Anastasio v. Total Gas & Power North America, Inc. et al

66 Cited authorities

Holding that a statutory violation, without more, did not give rise to Article III standing

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

Holding that an antitrust injury is an injury that is "attributable to an anti-competitive aspect of the practice under scrutiny"

Holding even a monopolist has no duty to cooperate with rivals

Holding that “breach of contract, breach of the warranty of habitability, negligence, personal injury and fraud . . . are state law claims.”

Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false

Holding that defendants' “varied” actions during the initial stages of the alleged conspiracy did not render the existence of a conspiracy implausible

Requiring that fraud be pleaded with particularity

Granting federal courts exclusive jurisdiction over private claims brought under the CEA