47 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,865 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' "
Papasan v. Allain
478 U.S. 265 (1986) Cited 16,797 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"
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,897 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"
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"
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
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
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"
Smith v. Local 819 I.B.T. Pension Plan
291 F.3d 236 (2d Cir. 2002) Cited 278 times
Finding that conclusory pleadings adequately allege fiduciary duty
Merrill Lynch Investment Managers v. Optibase, Ltd.
337 F.3d 125 (2d Cir. 2003) Cited 223 times
Holding that a non-signatory was not bound by an arbitral award where the plaintiff failed to adduce facts that would support an alter ego theory or any other theory on which a non-signatory can be forced to arbitrate
In re First Central Financial Corp.
377 F.3d 209 (2d Cir. 2004) Cited 216 times 3 Legal Analyses
Holding that the unjust enrichment element “is the most important since the purpose of the constructive trust is prevention of unjust enrichment.”
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 348,416 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 157,557 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 39,105 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
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 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 166.3 - Supervision
17 C.F.R. § 166.3 Cited 40 times 4 Legal Analyses
Outlining supervisory duties

In Re: Amaranth Natural Gas Commodities Litigation

47 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 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 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"

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 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

Finding that conclusory pleadings adequately allege fiduciary duty

Holding that a non-signatory was not bound by an arbitral award where the plaintiff failed to adduce facts that would support an alter ego theory or any other theory on which a non-signatory can be forced to arbitrate

Holding that the unjust enrichment element “is the most important since the purpose of the constructive trust is prevention of unjust enrichment.”

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. . . ."

Requiring that fraud be pleaded with particularity

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"

Prohibiting futures trades outside contract markets

Pertaining to punishment for violations of the Commodity Exchange Act

Outlining supervisory duties