63 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,684 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,676 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
  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,468 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  4. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,743 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts
  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,371 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  6. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,893 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
  7. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,421 times   313 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance
  8. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,532 times   69 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"
  9. Gustafson v. Alloyd Co.

    513 U.S. 561 (1995)   Cited 1,024 times   11 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
  10. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,328 times   11 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act
  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 362,493 times   962 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 164,394 times   197 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 40,200 times   336 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,748 times   53 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  15. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,146 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
  16. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 845 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact
  17. Section 77n - Contrary stipulations void

    15 U.S.C. § 77n   Cited 189 times   1 Legal Analyses

    Any condition, stipulation, or provision binding any person acquiring any security to waive compliance with any provision of this subchapter or of the rules and regulations of the Commission shall be void. 15 U.S.C. § 77n May 27, 1933, ch. 38, title I, §14, 48 Stat. 84. EXECUTIVE DOCUMENTS TRANSFER OF FUNCTIONSFor transfer of functions of Securities and Exchange Commission, with certain exceptions, to Chairman of such Commission, see Reorg. Plan No. 10 of 1950, §§1, 2, eff. May 24, 1950, 15 F.R.