98 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,859 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"
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,187 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,562 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”
Basic Inc. v. Levinson
485 U.S. 224 (1988) Cited 3,355 times 308 Legal Analyses
Holding that the District Court appropriately certified the class based on the presumption of reliance
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,700 times 79 Legal Analyses
Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
Ernst Ernst v. Hochfelder
425 U.S. 185 (1976) Cited 3,487 times 39 Legal Analyses
Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
TSC Industries, Inc. v. Northway, Inc.
426 U.S. 438 (1976) Cited 2,484 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"
Gustafson v. Alloyd Co.
513 U.S. 561 (1995) Cited 998 times 10 Legal Analyses
Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,408 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,081 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,111 times 1237 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 77k - Civil liabilities on account of false registration statement
15 U.S.C. § 77k Cited 2,114 times 86 Legal Analyses
Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
Section 77l - Civil liabilities arising in connection with prospectuses and communications
15 U.S.C. § 77l Cited 825 times 22 Legal Analyses
Authorizing relief if the offering documents contain just one untrue statement of material fact
Section 77o - Liability of controlling persons
15 U.S.C. § 77o Cited 804 times 8 Legal Analyses
Imposing liability on persons who "control[] any person liable" under §§ 11 or 12

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

98 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

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"

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

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”

Holding that the District Court appropriately certified the class based on the presumption of reliance

Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

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"

Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

Authorizing relief if the offering documents contain just one untrue statement of material fact

Imposing liability on persons who "control[] any person liable" under §§ 11 or 12