61 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 Legal Analyses
    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' "
  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,118 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  4. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,548 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”
  5. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,645 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
  6. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,479 times   67 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"
  7. Buck v. Hampton Tp. Sch. Dist

    452 F.3d 256 (3d Cir. 2006)   Cited 1,554 times   1 Legal Analyses
    Holding that in analyzing a motion to dismiss, the court may consider documents “attached to or submitted with the complaint, and any matters incorporated by reference or integral to the claim, items subject to judicial notice, matters of public record, orders, items appearing in the record of the case.”
  8. In re Rockefeller Center Properties, Inc.

    311 F.3d 198 (3d Cir. 2002)   Cited 1,342 times
    Holding that a plaintiff must set forth the "who, what, when, where, and how" of the alleged fraud
  9. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,145 times   8 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”
  10. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 998 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,911 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  12. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,464 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  13. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 3,982 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"
  14. Section 240.15d-14 - Certification of disclosure in annual and quarterly reports

    17 C.F.R. § 240.15d-14   Cited 6 times   1 Legal Analyses

    (a) Each report, including transition reports, filed on Form 10-Q, Form 10-K, Form 20-F or Form 40-F (§ 249.308a , § 249.310 , § 249.220f or § 249.240f of this chapter) under section 15(d) of the Act (15 U.S.C. 78o(d) ), other than a report filed by an Asset-Backed Issuer (as defined in § 229.1101 of this chapter) or a report on Form 20-F filed under § 240.15d-19 , must include certifications in the form specified in the applicable exhibit filing requirements of such report, and such certifications