§Why CasetextPricing

Brian B. Sand & Zachary B. Sand Joint Trust v. Biotechnology Value Fund, L.P. et al

RESPONSE

47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,409 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 284,187 times   370 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

  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,538 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. McCarthy v. Dun & Bradstreet Corp.

    482 F.3d 184 (2d Cir. 2007)   Cited 3,426 times
    Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"

  5. Analytical Surveys, Inc. v. Tonga Partners, L.P.

    684 F.3d 36 (2d Cir. 2012)   Cited 1,364 times
    Holding reconsideration "is not a vehicle for relitigating old issues . . . securing a rehearing on the merits, or otherwise taking a second bite at the apple."

  6. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,457 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"

  7. Morales v. Quintel Entertainment, Inc.

    249 F.3d 115 (2d Cir. 2001)   Cited 841 times
    Holding "The same standard applies where, as here, the parties filed cross-motions for summary judgment"

  8. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 970 times
    Setting forth elements of a FHA claim

  9. Gollust v. Mendell

    501 U.S. 115 (1991)   Cited 198 times   2 Legal Analyses
    Finding that relief under Rule 60(b) may be granted "only upon a showing of exceptional circumstances"

  10. Cohen v. Nvidia Corp.

    768 F.3d 1046 (9th Cir. 2014)   Cited 277 times   43 Legal Analyses
    Holding that Item 303 does not create an independent duty to disclose

  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 366,511 times   968 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 166,425 times   198 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 78c - Definitions and application

    15 U.S.C. § 78c   Cited 1,713 times   93 Legal Analyses
    Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934

  14. Section 78m - Periodical and other reports

    15 U.S.C. § 78m   Cited 1,231 times   89 Legal Analyses
    Authorizing Commission to adopt disclosure requirements for certain repurchases of securities by issuer

  15. Section 78p - Directors, officers, and principal stockholders

    15 U.S.C. § 78p   Cited 879 times   18 Legal Analyses
    Recognizing that information obtained by a director could be used in his capacity as a shareholder

  16. Section 80b-3 - Registration of investment advisers

    15 U.S.C. § 80b-3   Cited 148 times   23 Legal Analyses
    Granting SEC authority to censure, suspend, or bar member of investment adviser or securities dealer following notice and opportunity for hearing

  17. Section 240.16a-1 - Definition of terms

    17 C.F.R. § 240.16a-1   Cited 143 times   1 Legal Analyses
    Applying the preceding definition, drawn from Section 13(d), for purposes of Section 16(b) liability

  18. Section 240.13d-5 - Acquisition of beneficial ownership

    17 C.F.R. § 240.13d-5   Cited 82 times   2 Legal Analyses
    Defining beneficial ownership by individuals outside the "group" context

  19. Section 240.16b-6 - Derivative securities

    17 C.F.R. § 240.16b-6   Cited 65 times   2 Legal Analyses
    Defining types of derivative securities and transactions subject to Section 16