ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,870 times 6 Legal AnalysesHolding 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"
Janus Capital Group Inc. v. First Derivative Traders
564 U.S. 135 (2011) Cited 567 times 104 Legal AnalysesHolding 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”
ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.
553 F.3d 187 (2d Cir. 2009) Cited 908 times 2 Legal AnalysesHolding 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
Lentell v. Merrill Lynch Co., Inc.
396 F.3d 161 (2d Cir. 2005) Cited 997 times 18 Legal AnalysesHolding 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"
Small v. Lorillard Tobacco Co.
94 N.Y.2d 43 (N.Y. 1999) Cited 694 times 7 Legal AnalysesHolding 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"
First Nationwide Bank v. Gelt Funding Corp.
27 F.3d 763 (2d Cir. 1994) Cited 658 timesHolding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint
J.A.O. Acquisition Corp. v. Stavitsky
2007 N.Y. Slip Op. 1196 (N.Y. 2007) Cited 392 timesHolding that there was no reasonable reliance because the "plaintiff was or should have been aware" of the financial situation of the company despite the defendant's representations
Anschutz Corp. v. Merrill Lynch & Co.
690 F.3d 98 (2d Cir. 2012) Cited 289 timesHolding 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
MBIA Ins. Corp. v. Countrywide Home Loans, Inc.
87 A.D.3d 287 (N.Y. App. Div. 2011) Cited 227 timesHolding that allegations that defendant misrepresented loan quality were not duplicative of breach of contract claim
Lipsky v. Com. United Corp.
551 F.2d 887 (2d Cir. 1976) Cited 579 timesHolding 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,818 times 316 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
- 1 (current)
- 2
- 3
- 4
- 5