39 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,626 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
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,121 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,692 times 79 Legal Analyses
Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,874 times 6 Legal Analyses
Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
Janus Capital Group Inc. v. First Derivative Traders
564 U.S. 135 (2011) Cited 567 times 104 Legal Analyses
Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”
Nielsen v. Rabin
746 F.3d 58 (2d Cir. 2014) Cited 1,143 times 1 Legal Analyses
Holding that the plaintiff cannot survive a motion to dismiss by relying on conclusory allegations
Santa Fe Industries, Inc. v. Green
430 U.S. 462 (1977) Cited 1,065 times 6 Legal Analyses
Holding that the Securities Exchange Act is limited in scope to its textual provisions and does not conflict with state law regarding corporate misconduct, particularly corporate mismanagement
Novak v. Kasaks
216 F.3d 300 (2d Cir. 2000) Cited 1,597 times 9 Legal Analyses
Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,388 times 5 Legal Analyses
Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.
553 F.3d 187 (2d Cir. 2009) Cited 909 times 2 Legal Analyses
Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,918 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,464 times 48 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 3,982 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"
Section 77q - Fraudulent interstate transactions
15 U.S.C. § 77q Cited 3,299 times 38 Legal Analyses
Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

Cortina v. Anavex Life Sciences Corp et al

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

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

Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

Holding that the plaintiff cannot survive a motion to dismiss by relying on conclusory allegations

Holding that the Securities Exchange Act is limited in scope to its textual provisions and does not conflict with state law regarding corporate misconduct, particularly corporate mismanagement

Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false

Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security