50 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' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,191 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
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"
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
Roe v. Aware Woman Center for Choice, Inc.
253 F.3d 678 (11th Cir. 2001) Cited 928 times
Holding complaint must "contain inferential allegations from which [the court] can identify each of the material elements necessary to sustain a recovery"
Klein Co. Futures, Inc. v. Board of Trade
464 F.3d 255 (2d Cir. 2006) Cited 360 times
Noting that private plaintiff must “fall within one of the four required relationships set forth in § 22(A–D)”
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
George Basch Co., Inc., v. Blue Coral, Inc.
968 F.2d 1532 (2d Cir. 1992) Cited 267 times 7 Legal Analyses
Holding that "in order to justify an award of profits, a plaintiff must establish that the defendant engaged in willful deception"
Clifford R. Gray, Inc. v. LeChase Construction Services, LLC
31 A.D.3d 983 (N.Y. App. Div. 2006) Cited 124 times
Holding that a subcontractor's pricing proposals submitted to the prime contractor to secure a bid did not, without more, supply the missing term of the subcontractor's pricing
Securities and Exchange Commission v. Warde
151 F.3d 42 (2d Cir. 1998) Cited 139 times 1 Legal Analyses
Holding that it is appropriate for a court to impose pre-judgment interest even where the SEC may have been at fault for delaying the initiation of a civil action and subsequent judgment on the merits
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 1 - Short title
7 U.S.C. § 1 Cited 946 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 6b - Contracts designed to defraud or mislead
7 U.S.C. § 6b Cited 529 times 5 Legal Analyses
Targeting fraudulent conduct “in connection with any order to make, or the making of, any contract of sale of any commodity”
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
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

50 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 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 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

Holding complaint must "contain inferential allegations from which [the court] can identify each of the material elements necessary to sustain a recovery"

Noting that private plaintiff must “fall within one of the four required relationships set forth in § 22(A–D)”

Finding that conclusory pleadings adequately allege fiduciary duty

Holding that "in order to justify an award of profits, a plaintiff must establish that the defendant engaged in willful deception"

Holding that a subcontractor's pricing proposals submitted to the prime contractor to secure a bid did not, without more, supply the missing term of the subcontractor's pricing

Holding that it is appropriate for a court to impose pre-judgment interest even where the SEC may have been at fault for delaying the initiation of a civil action and subsequent judgment on the merits

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

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

Targeting fraudulent conduct “in connection with any order to make, or the making of, any contract of sale of any commodity”

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

Outlining supervisory duties