Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,383 times 5 Legal AnalysesHolding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
Ganino v. Citizens Utilities Co.
228 F.3d 154 (2d Cir. 2000) Cited 959 times 2 Legal AnalysesHolding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test
Randall v. Loftsgaarden
478 U.S. 647 (1986) Cited 274 times 1 Legal AnalysesHolding that, in securities fraud cases, “ordinarily the correct measure of damages ... is the difference between the fair value of all that the plaintiff received and the fair value of what he would have received had there been no fraudulent conduct”
In re Morgan Stanley Infor
592 F.3d 347 (2d Cir. 2010) Cited 417 times 3 Legal AnalysesAffirming the district court's dismissal of a Section 15 claim where the plaintiffs' Section 11 and 12 claims were properly dismissed
In re Flag Telecom Holdings
574 F.3d 29 (2d Cir. 2009) Cited 353 times 2 Legal AnalysesHolding that plaintiffs' evidence of news events and the expert's event study did not provide sufficient evidence of causation
Smith v. Lightning Bolt Productions, Inc.
861 F.2d 363 (2d Cir. 1988) Cited 403 timesHolding "it would be prejudicial to a defendant to attempt to litigate its financial condition during the trial on the issues of liability and compensatory damages," therefore the "preferred method" is to delay the punitive damages claim until the issues of liability and compensatory damages have been tried
Fait v. Regions Financial Corp..
655 F.3d 105 (2d Cir. 2011) Cited 203 times 32 Legal AnalysesHolding that "statements regarding the adequacy of loan loss reserves" are statements of opinion
Royal American Managers, Inc. v. IRC Holding Corp.
885 F.2d 1011 (2d Cir. 1989) Cited 159 timesHolding that plaintiff waived right to jury trial on issues that were not submitted to jury by participating without objection in bench trial of those issues
McMahan Co. v. Wherehouse Entertainment
65 F.3d 1044 (2d Cir. 1995) Cited 108 times 1 Legal AnalysesHolding that a no-action clause cannot bar a securities claim because of express contrary language in the 1933 and 1934 acts
Getty Petroleum Corp. v. Island Transp. Corp.
862 F.2d 10 (2d Cir. 1988) Cited 78 timesHolding that there is "[n]o express right of contribution under the Lanham Act" and relying on Nw. Airlines, 451 U.S. at 93-94, in which the Supreme Court declined to imply a right of contribution under the Equal Pay Act and Title VII because "[t]he comprehensive character of the remedial scheme expressly fashioned by Congress evidences an intent not to authorize additional remedies
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,211 times 23 Legal AnalysesGranting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 77k - Civil liabilities on account of false registration statement
15 U.S.C. § 77k Cited 2,112 times 85 Legal AnalysesHolding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
Section 77l - Civil liabilities arising in connection with prospectuses and communications
15 U.S.C. § 77l Cited 820 times 22 Legal AnalysesAuthorizing relief if the offering documents contain just one untrue statement of material fact
Section 230.430B - Prospectus in a registration statement after effective date
17 C.F.R. § 230.430B Cited 12 timesExpanding 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