Tellabs v. Makor Issues Rights

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

Stewart Org., Inc. v. Ricoh Corp.

Holding that federal law determines the validity of a forum selection clause

Piper Aircraft Co. v. Reyno

Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

ATSI Communications, Inc. v. Shaar Fund, Ltd.

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Sprewell v. Golden State Warriors

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Akhtar v. Mesa

Holding that allegations that in moving plaintiff to different bunk defendants ignored order requiring him to be housed in lower bunk on ground floor were sufficient "to show that [defendants] were deliberately indifferent"

Swartz v. KPMG LLP

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

Securities v. Zandford

Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered

Samantar v. Yousuf et al.

Holding that the common law, rather than the FSIA, governs the immunity of foreign officials

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Section 1404 - Change of venue

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Section 1391 - Venue generally

Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

Rule 45 - Subpoena

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Section 1406 - Cure or waiver of defects

Recognizing that transfer is proper to any district or division in which the action could have been brought

Section 78j - Manipulative and deceptive devices

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Section 1 - Short title

Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM

Section 2462 - Time for commencing proceedings

Allowing exception to five-year limitations period where Congress has provided otherwise

Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

Section 824 - Declaration of policy; application of subchapter

Granting FERC authority over wholesale generation and transmission

Section 1c.2 - Prohibition of electric energy market manipulation