48 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,991 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,978 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 113,466 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
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”
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
Herman MacLean v. Huddleston
459 U.S. 375 (1983) Cited 1,312 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
Securities & Exchange Commission v. First Jersey Securities, Inc.
101 F.3d 1450 (2d Cir. 1996) Cited 1,234 times 5 Legal Analyses
Holding that owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received
Belmont v. MB Investment Partners, Inc.
708 F.3d 470 (3d Cir. 2013) Cited 509 times 5 Legal Analyses
Holding that "an adviser may benefit from a transaction recommended to a client if, and only if, that benefit and all related details of the transaction are fully disclosed"
Shapiro v. UJB Financial Corp.
964 F.2d 272 (3d Cir. 1992) Cited 576 times
Holding that "once all predicate § 10(b) claims are dismissed, there are no allegations upon which § 20 liability can be based."
Hollinger v. Titan Capital Corp.
914 F.2d 1564 (9th Cir. 1990) Cited 567 times 3 Legal Analyses
Holding that a "controlling person" need not be a "culpable participant"
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,861 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
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 77b - Definitions; promotion of efficiency, competition, and capital formation
15 U.S.C. § 77b Cited 1,406 times 27 Legal Analyses
Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"
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
Section 240.12b-2 - [Effective 7/1/2024] Definitions
17 C.F.R. § 240.12b-2 Cited 249 times 14 Legal Analyses
Defining "control" as "the power to direct or cause the direction of the management and policies of a [company], whether through the ownership of voting securities, by contract, or otherwise"
Section 230.176 - Circumstances affecting the determination of what constitutes reasonable investigation and reasonable grounds for belief under section 11 of the Securities Act
17 C.F.R. § 230.176 Cited 10 times 1 Legal Analyses
Listing relevant considerations in deciding whether an investigation was reasonable under Section 11

Dartell v. Tibet Pharmaceuticals, Inc. et al

48 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

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

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

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

Holding that owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received

Holding that "an adviser may benefit from a transaction recommended to a client if, and only if, that benefit and all related details of the transaction are fully disclosed"

Holding that "once all predicate § 10(b) claims are dismissed, there are no allegations upon which § 20 liability can be based."

Holding that a "controlling person" need not be a "culpable participant"

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"

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

Defining "control" as "the power to direct or cause the direction of the management and policies of a [company], whether through the ownership of voting securities, by contract, or otherwise"

Listing relevant considerations in deciding whether an investigation was reasonable under Section 11