44 Cited authorities

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

    493 F.3d 87 (2d Cir. 2007)   Cited 3,118 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
  2. Janus Capital Group Inc. v. First Derivative Traders

    564 U.S. 135 (2011)   Cited 468 times   96 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. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 871 times   9 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"
  4. ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.

    553 F.3d 187 (2d Cir. 2009)   Cited 707 times   2 Legal Analyses
    Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality
  5. Small v. Lorillard Tobacco Co.

    94 N.Y.2d 43 (N.Y. 1999)   Cited 624 times   4 Legal Analyses
    Holding that where the underlying tort theory fails, "there is no independent tort to provide a basis for liability under . . . concert of action, conspiracy, and aiding and abetting theories"
  6. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 621 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint
  7. J.A.O. Acquisition Corp. v. Stavitsky

    2007 N.Y. Slip Op. 1196 (N.Y. 2007)   Cited 340 times
    Listing the elements of a negligent misrepresentation claim
  8. Anschutz Corp. v. Merrill Lynch & Co.

    690 F.3d 98 (2d Cir. 2012)   Cited 190 times
    Holding that because plaintiffs did not allege any direct contact with the rating agencies, plaintiffs had failed to allege the existence of a privity-like special relationship—an essential element of a negligent misrepresentation claim under New York law
  9. MBIA Ins. Corp. v. Countrywide Home Loans, Inc.

    87 A.D.3d 287 (N.Y. App. Div. 2011)   Cited 196 times
    Holding that allegations that defendant misrepresented loan quality were not duplicative of breach of contract claim
  10. Lipsky v. Com. United Corp.

    551 F.2d 887 (2d Cir. 1976)   Cited 487 times
    Holding that references to a complaint in a separate action against the defendant by the SEC were properly stricken from the plaintiff's complaint where the case was not actually adjudicated
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 32,159 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"