70 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 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' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,187 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,783 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,281 times 5 Legal Analyses
Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,894 times 6 Legal Analyses
Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
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
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,391 times 5 Legal Analyses
Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
Briarpatch Ltd. v. Phoenix Pictures, Inc.
373 F.3d 296 (2d Cir. 2004) Cited 789 times 1 Legal Analyses
Holding that breach of fiduciary claim survives preemption because "the underlying right [plaintiffs] seek to vindicate is the right to redress violations of the duty owed to a partnership by those who control it," and noting that "the fact that these claims require a finding that there was a breach of fiduciary duty ... adds an extra element that makes the claims qualitatively different from a claim of copyright infringement"
Ruffolo v. Oppenheimer Co.
987 F.2d 129 (2d Cir. 1993) Cited 1,019 times 1 Legal Analyses
Holding that "[w]here it appears that granting leave to amend is unlikely to be productive,... it is not an abuse of discretion to deny leave to amend"
Smith v. Local 819 I.B.T. Pension Plan
291 F.3d 236 (2d Cir. 2002) Cited 277 times
Finding that conclusory pleadings adequately allege fiduciary duty
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,408 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,081 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,295 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 1 - Short title
7 U.S.C. § 1 Cited 944 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
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
Section 9 - Prohibition regarding manipulation and false information
7 U.S.C. § 9 Cited 302 times 75 Legal Analyses
Authorizing the CFTC to seek to prohibit from future trading any person who "has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission"
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
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
Section 13 - Violations generally; punishment; costs of prosecution
7 U.S.C. § 13 Cited 261 times 12 Legal Analyses
Pertaining to punishment for violations of the Commodity Exchange Act
Section 13c - Responsibility as principal; minor violations
7 U.S.C. § 13c Cited 166 times 4 Legal Analyses
Aiding and abetting

In Re: Amaranth Natural Gas Commodities Litigation

70 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 a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

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

Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

Holding that "[w]here it appears that granting leave to amend is unlikely to be productive,... it is not an abuse of discretion to deny leave to amend"

Finding that conclusory pleadings adequately allege fiduciary duty

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

Requiring that fraud be pleaded with particularity

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

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

Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

Authorizing the CFTC to seek to prohibit from future trading any person who "has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission"

Granting federal courts exclusive jurisdiction over private claims brought under the CEA

Prohibiting futures trades outside contract markets

Pertaining to punishment for violations of the Commodity Exchange Act

Aiding and abetting