40 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,340 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"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,408 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"
  3. Wal-Mart Stores, Inc. v. Dukes

    564 U.S. 338 (2011)   Cited 6,644 times   505 Legal Analyses
    Holding in Rule 23 context that “[w]ithout some glue holding the alleged reasons for all those decisions together, it will be impossible to say that examination of all the class members' claims for relief will produce a common answer”
  4. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,485 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
  5. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,311 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
  6. Glassman v. Computervision Corp.

    90 F.3d 617 (1st Cir. 1996)   Cited 644 times
    Holding that a motion to amend should be denied as futile if “the complaint, as amended, would fail to state a claim upon which relief could be granted.”
  7. In re Morgan Stanley Infor

    592 F.3d 347 (2d Cir. 2010)   Cited 417 times   3 Legal Analyses
    Affirming the district court's dismissal of a Section 15 claim where the plaintiffs' Section 11 and 12 claims were properly dismissed
  8. Dukes v. Wal-Mart Stores, Inc.

    603 F.3d 571 (9th Cir. 2010)   Cited 253 times   20 Legal Analyses
    Arguing that inadmissible expert testimony cannot be used to meet Rule 23
  9. 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.”
  10. Golden Pacific Bancorp. v. F.D.I.C

    375 F.3d 196 (2d Cir. 2004)   Cited 210 times
    Holding that the FDIC, like other creditors and depositors of the failed bank, was entitled to post-insolvency interest
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,909 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. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 825 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact
  15. Section 13.1-522 - Civil liabilities

    Va. Code § 13.1-522   Cited 63 times
    Stating a securities violation when a person sells a security "by means of" a misrepresentation
  16. Section 31-5606.05 - Civil liability

    D.C. Code § 31-5606.05   Cited 18 times
    Imposing liability for an “untrue statement of a material fact”
  17. Section 230.430B - Prospectus in a registration statement after effective date

    17 C.F.R. § 230.430B   Cited 12 times
    Expanding the meaning of the "initial bona fide offering date" from the date of a post-effective registration statement amendment, to the date of a post-effective registration statement supplement, with regard to issuer and underwriter liability
  18. 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
  19. 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