27 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,488 times 364 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,543 times 67 Legal Analyses
Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
Iqbal v. Hasty
490 F.3d 143 (2d Cir. 2007) Cited 1,826 times 1 Legal Analyses
Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
Allen v. City of Beverly Hills
911 F.2d 367 (9th Cir. 1990) Cited 957 times 1 Legal Analyses
Holding that a provision allowing the Beverly Hills City Council to abolish any position in the classified service when "necessary in the interests of economy or because the necessity for the position no longer exists" does not significantly constrain the City's discretion and thus does not create a property interest
Paracor Finance, Inc. v. Gen. El. Cap. Corp.
79 F.3d 878 (9th Cir. 1996) Cited 563 times 2 Legal Analyses
Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed
Admiralty Fund v. Hugh Johnson Co.
677 F.2d 1301 (9th Cir. 1982) Cited 817 times
Holding that time limitation in section 13 of the Securities and Exchange Act of 1934 did not allow for equitable tolling
Jablon v. Dean Witter Co.
614 F.2d 677 (9th Cir. 1980) Cited 826 times
Holding complaint may be dismissed on statute of limitations grounds where allegations therein, even when read with required liberality, would not permit plaintiff to prove statute was tolled
Jackson Nat. Life Ins. v. Merrill Lynch Co.
32 F.3d 697 (2d Cir. 1994) Cited 281 times
Holding that a plaintiff, "in order to state a claim under § 20A, must plead as a predicate an independent violation of the" Exchange Act
P. Stolz Family Partnership L.P. v. Daum
355 F.3d 92 (2d Cir. 2004) Cited 192 times
Holding that "the misrepresentation of present or historical facts cannot be cured by cautionary language"
Burgess v. Premier Corp.
727 F.2d 826 (9th Cir. 1984) Cited 166 times
Holding that exhibits found in defendant's warehouse were adequately authenticated simply by their being found there
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 344,565 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,530 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 77m - Limitation of actions
15 U.S.C. § 77m Cited 954 times 29 Legal Analyses
Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

George Pappas v. Countrywide Financial Corp et al

27 Cited authorities

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed

Holding that time limitation in section 13 of the Securities and Exchange Act of 1934 did not allow for equitable tolling

Holding complaint may be dismissed on statute of limitations grounds where allegations therein, even when read with required liberality, would not permit plaintiff to prove statute was tolled

Holding that a plaintiff, "in order to state a claim under § 20A, must plead as a predicate an independent violation of the" Exchange Act

Holding that "the misrepresentation of present or historical facts cannot be cured by cautionary language"

Holding that exhibits found in defendant's warehouse were adequately authenticated simply by their being found there

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"