§Why CasetextPricing

Federal Energy Regulatory Commission v. Lincoln Paper and Tissue, LLC

MEMORANDUM in Support re MOTION to Dismiss [Lincoln Paper and Tissue, LLC's Motion to Dismiss Complaint] [Lincoln Tissue and Paper, LLC's Memorandum of Law in Support of Motion to Dismiss Complaint]

51 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,027 times   280 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,773 times   367 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' "

  3. Brady v. Maryland

    373 U.S. 83 (1963)   Cited 43,796 times   133 Legal Analyses
    Holding that the prosecution violates due process when it suppresses material, favorable evidence

  4. 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

  5. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,488 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  6. Chicago v. Morales

    527 U.S. 41 (1999)   Cited 1,308 times   3 Legal Analyses
    Holding that vagueness that "fails to establish standards for the police and public that are sufficient to guard against the arbitrary deprivation of liberty interests" is subject to facial challenge

  7. Gabelli v. Sec. & Exch. Comm'n

    568 U.S. 442 (2013)   Cited 318 times   96 Legal Analyses
    Holding that statute of limitations for SEC enforcement actions begins when fraudulent action occurs

  8. Coates v. City of Cincinnati

    402 U.S. 611 (1971)   Cited 1,042 times   1 Legal Analyses
    Holding a statute to be unconstitutionally vague because it subjected First Amendment rights to "an unascertainable standard"

  9. Dennis v. United States

    384 U.S. 855 (1966)   Cited 938 times   1 Legal Analyses
    Holding that the true nature of the crime was the entire conspiracy to falsely obtain benefits from the N.L.R.B., in violation of § 371, and not merely the false statements made in furtherance of the conspiracy

  10. Aulson v. Blanchard

    83 F.3d 1 (1st Cir. 1996)   Cited 949 times
    Holding that a § 1985 class "[must be] comprised of a distinctive and identifiable group" and therefore rejecting a class defined as "persons who support other persons opposed to the politics of the old guard"

  11. Section 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 711 times   262 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise

  12. Section 824d - Rates and charges; schedules; suspension of new rates; automatic adjustment clauses

    16 U.S.C. § 824d   Cited 525 times   18 Legal Analyses
    Prohibiting a utility from "grant [ing] any undue preference or advantage" or "subject[ing] any person to any undue prejudice or disadvantage"

  13. Section 824 - Declaration of policy; application of subchapter

    16 U.S.C. § 824   Cited 495 times   16 Legal Analyses
    Granting FERC authority over wholesale generation and transmission

  14. Section 823b - Enforcement

    16 U.S.C. § 823b   Cited 45 times   16 Legal Analyses
    Stating that "[t]he Commission shall monitor and investigate compliance with each license and permit issued under this subchapter"

  15. Section 824v - Prohibition of energy market manipulation

    16 U.S.C. § 824v   Cited 26 times   5 Legal Analyses
    Forbidding the use of "any manipulative or deceptive device or contrivance (as those terms are used in section 78j(b) of Title 15 )"

  16. Section 202.5 - Enforcement activities

    17 C.F.R. § 202.5   Cited 188 times   8 Legal Analyses
    Explaining that "the disposition of any ... matter [in a civil action brought by the SEC] may not, expressly or impliedly, extend to any criminal charges that have been, or may be, brought against any such person" because the SEC does not have the "authority or responsibility," which are "vested in the [DOJ]"

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

    18 C.F.R. § 1c.2   Cited 23 times   15 Legal Analyses

    (a) It shall be unlawful for any entity, directly or indirectly, in connection with the purchase or sale of electric energy or the purchase or sale of transmission services subject to the jurisdiction of the Commission, (1) To use or employ any device, scheme, or artifice to defraud, (2) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or

  18. Section 201.230 - Enforcement and disciplinary proceedings: Availability of documents for inspection and copying

    17 C.F.R. § 201.230   Cited 1 times

    For purposes of this section, the term documents shall include writings, drawings, graphs, charts, photographs, recordings and other data compilations, including data stored by computer, from which information can be obtained. (a)Documents to be available for inspection and copying. (1) Unless otherwise provided by this section, or by order of the Commission or the hearing officer, the Division of Enforcement shall make available for inspection and copying by any party documents obtained by the Division