32 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 235,794 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"
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 112,934 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Basic Inc. v. Levinson
485 U.S. 224 (1988) Cited 3,342 times 305 Legal Analyses
Holding that the District Court appropriately certified the class based on the presumption of reliance
Parklane Hosiery Co. v. Shore
439 U.S. 322 (1979) Cited 4,230 times 8 Legal Analyses
Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
552 U.S. 148 (2008) Cited 1,181 times 80 Legal Analyses
Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
TSC Industries, Inc. v. Northway, Inc.
426 U.S. 438 (1976) Cited 2,477 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"
Affiliated Ute Citizens v. United States
406 U.S. 128 (1972) Cited 1,627 times 33 Legal Analyses
Holding bank jointly and severally liable with its employees, without explanation
Chiarella v. United States
445 U.S. 222 (1980) Cited 976 times 40 Legal Analyses
Holding that duty to disclose under Rule 10b-5 arises from fiduciary relationship
Walker v. Darby
911 F.2d 1573 (11th Cir. 1990) Cited 2,147 times
Holding that circumstantial evidence may be used to prove a wiretap claim, including actual interception
Group v. Findwhat.Com
658 F.3d 1282 (11th Cir. 2011) Cited 698 times 3 Legal Analyses
Holding that “[d]efendants whose fraud prevents preexisting inflation in a stock price from dissipating are just as liable as defendants whose fraud introduces inflation into the stock price in the first instance”
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 328,115 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,488 times 165 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,184 times 132 Legal Analyses
Holding liable any person who "make any untrue statement of material fact"

Fried v. Stiefel Laboratories, Inc. et al

32 Cited authorities

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"

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that the District Court appropriately certified the class based on the presumption of reliance

Holding that district courts have discretion to refuse to apply offensive non-mutual collateral estoppel against a defendant if such an application of the doctrine would be unfair

Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

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"

Holding bank jointly and severally liable with its employees, without explanation

Holding that duty to disclose under Rule 10b-5 arises from fiduciary relationship

Holding that circumstantial evidence may be used to prove a wiretap claim, including actual interception

Holding that “[d]efendants whose fraud prevents preexisting inflation in a stock price from dissipating are just as liable as defendants whose fraud introduces inflation into the stock price in the first instance”

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Holding liable any person who "make any untrue statement of material fact"