43 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,210 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,309 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Merrill v. Dabit

    547 U.S. 71 (2006)   Cited 668 times   43 Legal Analyses
    Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act
  4. 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
  5. Kircher v. Putnam Funds

    547 U.S. 633 (2006)   Cited 328 times   4 Legal Analyses
    Holding that the bar on appellate review of district court orders remanding cases to state courts, 28 U.S.C. § 1447(d), applies to cases arising under the Securities Litigation Uniform Standards Act of 1998 in the absence of an "expressly" provided "clear statutory command" to the contrary
  6. S.W.S. Erectors, Inc. v. Infax, Inc.

    72 F.3d 489 (5th Cir. 1996)   Cited 951 times   1 Legal Analyses
    Holding that an affidavit executed by the defendant's attorney did not commence the renewed removal period, under the second paragraph of § 1446(b), because the affidavit did not arise from a voluntary act by the plaintiff
  7. Huffman v. Saul Holdings Ltd. Partnership

    194 F.3d 1072 (10th Cir. 1999)   Cited 449 times
    Holding that procedural defects in the removal process can be waived, though defects in the court's subject matter jurisdiction cannot
  8. Gregory v. City of Rogers

    974 F.2d 1006 (8th Cir. 1992)   Cited 409 times
    Holding a party must submit "sufficient probative evidence" that would permit a court to find in the party's favor "on more than mere speculation, conjecture, or fantasy" to survive a summary judgment motion
  9. Akin v. Ashland Chem. Co.

    156 F.3d 1030 (10th Cir. 1998)   Cited 314 times   2 Legal Analyses
    Holding that federal-question jurisdiction was not ascertainable from a complaint when it stated that a plaintiff's injuries were "sustained ‘while working at’ " a federal enclave, but jurisdiction was conferred when an interrogatory eventually provided "sufficient notice" that the relevant conduct took place "wholly within the enclave"
  10. Green v. Ameritrade, Inc.

    279 F.3d 590 (8th Cir. 2002)   Cited 223 times   3 Legal Analyses
    Holding that SLUSA did not preclude a breach of contract claim alleging that the plaintiff "did not receive the type of information from Ameritrade for which he believed he had contracted and paid twenty dollars monthly"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,885 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. 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
  13. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 21,767 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim
  14. Section 78bb - Effect on existing law

    15 U.S.C. § 78bb   Cited 906 times   30 Legal Analyses
    Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
  15. Section 77r - Exemption from State regulation of securities offerings

    15 U.S.C. § 77r   Cited 201 times   9 Legal Analyses
    Recognizing state authority to regulate offerings of securities that are completely intra-state
  16. Section 80a-51 - Short title

    15 U.S.C. § 80a-51

    This subchapter may be cited as the "Investment Company Act of 1940". 15 U.S.C. § 80a-51 Aug. 22, 1940, ch. 686, title I, §52, 54 Stat. 847. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLE OF 2018 AMENDMENT Pub. L. 115-141, div. S, title VIII, §801, Mar. 23, 2018, 132 Stat. 1138, provided that: "This title [amending sections 80a-56, 80a-60, 80a-62, and 80b-5 of this title and enacting provisions set out as a note under under section 80a-53 of this title] may be cited as the 'Small Business Credit