§Why CasetextPricing

Carson et al v. SemGroup Energy Partners, L.P. et al

MOTION to Dismiss

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,086 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  3. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,690 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  4. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,619 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

  5. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,383 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  6. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,409 times   8 Legal Analyses
    Holding that stock sales of individual defendants are only indicative of scienter where they are "dramatically out of line with prior trading practices" (quoting In re Apple Computer Sec. Litig., 886 F.2d 1109, 1117 (9th Cir. 1989))

  7. Rosenzweig v. Azurix Corp.

    332 F.3d 854 (5th Cir. 2003)   Cited 989 times   3 Legal Analyses
    Holding that district court did not abuse discretion in denying motion to amend complaint where "plaintiffs did not attach a proposed amended complaint," leaving district court to "speculate" about how additional facts might amount to a legal claim

  8. DiLeo v. Ernst Young

    901 F.2d 624 (7th Cir. 1990)   Cited 1,591 times   3 Legal Analyses
    Holding accountants owe no duty "to search and sing"

  9. Acito v. Imcera Group, Inc.

    47 F.3d 47 (2d Cir. 1995)   Cited 1,130 times   1 Legal Analyses
    Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"

  10. Shaw v. Digital Equipment Corp.

    82 F.3d 1194 (1st Cir. 1996)   Cited 1,003 times   8 Legal Analyses
    Holding that the bespeaks caution doctrine does not apply to representations of "present facts" that were false when made

  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 344,767 times   920 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 155,637 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,845 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,445 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  15. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 819 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact

  16. Section 77d - Exempted transactions

    15 U.S.C. § 77d   Cited 466 times   9 Legal Analyses
    Exempting "transactions by an issuer not involving any public offering"

  17. Section 77z-2 - Application of safe harbor for forward-looking statements

    15 U.S.C. § 77z-2   Cited 185 times   19 Legal Analyses
    Defining "forward-looking" statements as statements that are projections about future financial status, future operations, and future economic performance