550 U.S. 544 (2007) Cited 276,823 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
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, to state a breach of contract claim, a plaintiff must allege, inter alia, "the existence of an agreement, . . . breach of contract by the defendant"
Holding that liability for negligent misrepresentation is imposed on those who are in a special position of confidence and trust with the injured party than that of an ordinary buyer and seller
Holding that a special relationship existed outside of the context of professionals, such as lawyers and engineers, when a defendant was inter alia "uniquely situated to evaluate the economics of the [investment that defendant sold to plaintiff]"
590 F. Supp. 2d 435 (S.D.N.Y. 2007) Cited 78 times
Holding that reasonable reliance was sufficiently pled to survive a motion to dismiss where the plaintiffs alleged that the defendant "thwarted ... due diligence by misrepresenting information related to [their] requests"
Holding that defendants' public advertisements were not sufficient to create a fiduciary relationship because "fiduciary relationships . . . are personal and context specific"