88 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  2. Calder v. Jones

    465 U.S. 783 (1984)   Cited 4,744 times   23 Legal Analyses
    Holding a California court had personal jurisdiction over individual defendants when the defendants had not visited the state in connection with an allegedly defamatory article and "[we]re not responsible for the circulation of the article in California"
  3. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,213 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"
  4. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,740 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
  5. Omni Capital Int'l v. Rudolf Wolff Co.

    484 U.S. 97 (1987)   Cited 1,951 times   1 Legal Analyses
    Holding that due process concerns related to personal jurisdiction are alleviated where the defendant has consented to service
  6. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,988 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"
  7. Meyer v. Holley

    537 U.S. 280 (2003)   Cited 484 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. Kolari v. New York-Presbyterian Hosp

    455 F.3d 118 (2d Cir. 2006)   Cited 1,415 times
    Holding district court erred in exercising jurisdiction over state law claims where plaintiffs' "federal-law claims were eliminated . . . prior to the investment of significant judicial resources"
  9. Rush v. Savchuk

    444 U.S. 320 (1980)   Cited 818 times   2 Legal Analyses
    Holding that party was not subject to state's jurisdiction in a personal injury action simply because his insurer was based there, and stating that the requirement of minimum contacts "must be met as to each defendant . . ."
  10. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,230 times   4 Legal Analyses
    Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
  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 358,269 times   949 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 162,307 times   197 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 39,914 times   332 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. C.P.L.R. § 302   Cited 4,339 times   6 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"
  15. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,592 times
    Codifying caselaw that incorporates "doing business" standard
  16. Section 1 - Short title

    7 U.S.C. § 1   Cited 954 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
  17. 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 518 times   55 Legal Analyses
    Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission
  18. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 281 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA
  19. Section 13c - Responsibility as principal; minor violations

    7 U.S.C. § 13c   Cited 170 times   4 Legal Analyses
    Aiding and abetting
  20. Section 166.3 - Supervision

    17 C.F.R. § 166.3   Cited 40 times   4 Legal Analyses
    Outlining supervisory duties
  21. Section 166.1 - Definitions

    17 C.F.R. § 166.1   Cited 1 times

    (a) The term Commission registrant as used in this part means any person who is registered or required to be registered with the Commission pursuant to the Act or any rule, regulation, or order thereunder. (b) [Reserved] (c) The term customer as used in this part means any person trading, intending to trade, or receiving or seeking advice concerning any commodity interest, including any existing or prospective client or subscriber of a commodity trading advisor or existing or prospective participant