38 Cited authorities

  1. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,479 times   67 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"
  2. 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”
  3. Vivenzio v. City of Syracuse

    611 F.3d 98 (2d Cir. 2010)   Cited 490 times   2 Legal Analyses
    Holding that substantive legal principles for claims under Title VII also apply to claims under § 1981
  4. NetJets Aviation, Inc. v. LHC Communications, LLC

    537 F.3d 168 (2d Cir. 2008)   Cited 367 times
    Holding account stated claim not duplicative of breach of contract claim where attorneys' fees recoverable under breach of contract claim but not account stated claim
  5. F.D.I.C. v. Giammettei

    34 F.3d 51 (2d Cir. 1994)   Cited 345 times
    Holding that an affirmative defense may be stricken “when review of the record in a light most favorable to the defendant reveals the absence of evidence supporting an essential element of the defense.”
  6. In re Software Toolworks Inc.

    50 F.3d 615 (9th Cir. 1994)   Cited 202 times   5 Legal Analyses
    Holding summary judgment on 10b-5 claim to be improper, even in absence of direct evidence of fraudulent intent, where evidence permitted a "reasonable inference" of scienter
  7. Meloff v. New York Life Ins. Co.

    51 F.3d 372 (2d Cir. 1995)   Cited 182 times
    Holding that grant of judgment was premature where plaintiff submitted properly supported Rule 56(f) request for further discovery in opposition to defendant's motion for summary judgment
  8. Fed. Hous. Fin. Agency v. UBS Americas, Inc.

    858 F. Supp. 2d 306 (S.D.N.Y. 2012)   Cited 94 times   1 Legal Analyses
    Holding all coordinate cases brought by the FHFA before September 6, 2011 timely under the HERA
  9. In re Worldcom, Inc. Securities Litigation

    346 F. Supp. 2d 628 (S.D.N.Y. 2004)   Cited 101 times   3 Legal Analyses
    Finding no scienter where the complaint failed to allege that underwriter, despite having access to facts, had reason to believe public statements were fraudulent
  10. Ideal Steel Supply Corp. v. Anza

    652 F.3d 310 (2d Cir. 2011)   Cited 71 times
    Finding that the complaint's allegations that the defendants substantially decreased the plaintiff's sales, profits, and local market share, and eliminated the plaintiff's dominant market position, "by using racketeering proceeds to acquire, establish, and operate their Bronx business operation," were sufficient to state a plausible claim for relief under 18 U.S.C. § 1962
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,543 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,113 times   85 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
  13. Section 77b - Definitions; promotion of efficiency, competition, and capital formation

    15 U.S.C. § 77b   Cited 1,404 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"
  14. Rule 407 - Subsequent Remedial Measures

    Fed. R. Evid. 407   Cited 1,399 times   13 Legal Analyses
    Allowing for the exclusion of evidence of subsequent remedial measures
  15. Section 77g - Information required in registration statement

    15 U.S.C. § 77g   Cited 73 times   7 Legal Analyses
    Requiring that "written consent" of named experts be filed with registration statement
  16. Section 229.1101 - (Item 1101) Definitions

    17 C.F.R. § 229.1101   Cited 11 times   1 Legal Analyses

    The following definitions apply to the terms used in Regulation AB (§§ 229.1100 through 229.1123 ), unless specified otherwise: (a)ABS informational and computational material means a written communication consisting solely of one or some combination of the following: (1) Factual information regarding the asset-backed securities being offered and the structure and basic parameters of the securities, such as the number of classes, seniority, payment priorities, terms of payment, the tax, Employment

  17. 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
  18. Section 230.191 - Definition of "issuer" in section 2(a)(4) of the Act in relation to asset-backed securities

    17 C.F.R. § 230.191   Cited 8 times

    The following applies with respect to asset-backed securities under the Act. Terms used in this section have the same meaning as in Item 1101 of Regulation AB (§ 229.1101 of this chapter). (a) The depositor for the asset-backed securities acting solely in its capacity as depositor to the issuing entity is the "issuer" for purposes of the asset-backed securities of that issuing entity. (b) The person acting in the capacity as the depositor specified in paragraph (a) of this section is a different

  19. Section 240.3b-19 - Definition of "issuer" in section 3(a)(8) of the Act in relation to asset-backed securities

    17 C.F.R. § 240.3b-19   Cited 2 times

    The following applies with respect to asset-backed securities under the Act. Terms used in this section have the same meaning as in Item 1101 of Regulation AB (§ 229.1101 of this chapter). (a) The depositor for the asset-backed securities acting solely in its capacity as depositor to the issuing entity is the "issuer" for purposes of the asset-backed securities of that issuing entity. (b) The person acting in the capacity as the depositor specified in paragraph (a) of this section is a different