88 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,063 times   367 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' "
  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,197 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  3. Christopher v. Harbury

    536 U.S. 403 (2002)   Cited 5,132 times
    Holding Verdugo-Urquidez and Eisentrager foreclosed due process claim for actions taken against alien abroad
  4. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,184 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"
  5. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,898 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
  6. Middlesex County Sewerage Authority v. National Sea Clammers Ass'n

    453 U.S. 1 (1981)   Cited 1,390 times   9 Legal Analyses
    Holding that displacement of a federal common law injunctive action necessarily implies that a damages action brought for the same claim is also displaced
  7. Meyer v. Holley

    537 U.S. 280 (2003)   Cited 472 times   4 Legal Analyses
    Holding that under traditional principles of vicarious liability, a corporation is the principal of its employees/agents, and thus corporate owners and officers are not liable for the unlawful acts of an employee simply on the basis that the owner or officer controlled (or had the right to control) the actions of that employee
  8. Santa Fe Industries, Inc. v. Green

    430 U.S. 462 (1977)   Cited 1,067 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
  9. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,392 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  10. Cleveland v. Caplaw Enters.

    448 F.3d 518 (2d Cir. 2006)   Cited 962 times   2 Legal Analyses
    Holding district court was not required to convert motion to summary judgment where court did not consider deposition excerpts but, rather, relied only upon pleadings and contract incorporated by reference into the pleadings
  11. 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 348,617 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,673 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,122 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 1 - Short title

    7 U.S.C. § 1   Cited 947 times   34 Legal Analyses
    Defining an FCM as, among other things and in pertinent part, an entity that is "engaged in soliciting or in accepting orders for the purchase or sale of a commodity for future delivery" or is registered as an FCM
  15. Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce

    7 U.S.C. § 2   Cited 511 times   54 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission
  16. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 278 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA
  17. Section 6 - Regulation of futures trading and foreign transactions

    7 U.S.C. § 6   Cited 264 times   12 Legal Analyses
    Prohibiting futures trades outside contract markets
  18. Section 13c - Responsibility as principal; minor violations

    7 U.S.C. § 13c   Cited 166 times   4 Legal Analyses
    Aiding and abetting
  19. Section 13b - Manipulations or other violations; cease and desist orders against persons other than registered entities; punishment

    7 U.S.C. § 13b   Cited 36 times   1 Legal Analyses

    If any person (other than a registered entity), is violating or has violated section 9 of this title or any other provisions of this chapter or of the rules, regulations, or orders of the Commission thereunder, the Commission may, upon notice and hearing, and subject to appeal as in other cases provided for in section 9 of this title, make and enter an order directing that such person shall cease and desist therefrom and, if such person thereafter and after the lapse of the period allowed for appeal

  20. Section 166.3 - Supervision

    17 C.F.R. § 166.3   Cited 40 times   4 Legal Analyses
    Outlining supervisory duties