179 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,625 times   365 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' "
  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  4. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,550 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”
  5. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,347 times   307 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance
  6. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,485 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
  7. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,479 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"
  8. Gustafson v. Alloyd Co.

    513 U.S. 561 (1995)   Cited 997 times   10 Legal Analyses
    Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering
  9. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,311 times   11 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act
  10. Santa Fe Industries, Inc. v. Green

    430 U.S. 462 (1977)   Cited 1,065 times   6 Legal Analyses
    Holding that the Securities Exchange Act is limited in scope to its textual provisions and does not conflict with state law regarding corporate misconduct, particularly corporate mismanagement
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,923 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,504 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
  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,465 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  14. Section 1029 - Fraud and related activity in connection with access devices

    18 U.S.C. § 1029   Cited 2,300 times   7 Legal Analyses
    Criminalizing conspiracy to commit access device fraud
  15. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,113 times   85 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
  16. 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"
  17. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 824 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact
  18. Section 78i - Manipulation of security prices

    15 U.S.C. § 78i   Cited 660 times   7 Legal Analyses
    Granting right of action to " the person . . . injured" by manipulation of security prices
  19. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,197 times   133 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"
  20. Section 270.2a-4 - Definition of "current net asset value" for use in computing periodically the current price of redeemable security

    17 C.F.R. § 270.2a-4   Cited 8 times

    (a) The current net asset value of any redeemable security issued by a registered investment company used in computing periodically the current price for the purpose of distribution, redemption, and repurchase means an amount which reflects calculations, whether or not recorded in the books of account, made substantially in accordance with the following, with estimates used where necessary or appropriate. (1) Portfolio securities with respect to which market quotations are readily available shall