99 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  2. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 6,157 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
  3. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,118 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"
  4. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,214 times   9 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act
  5. Boykin v. Keycorp

    521 F.3d 202 (2d Cir. 2008)   Cited 1,148 times   1 Legal Analyses
    Holding that when a plaintiff proceeds pro se, the district court "is obliged to construe his pleadings liberally" and noting that "the dismissal of a pro se claim as insufficiently pleaded is appropriate only in the most unsustainable of cases."
  6. Novak v. Kasaks

    216 F.3d 300 (2d Cir. 2000)   Cited 1,398 times   9 Legal Analyses
    Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false
  7. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,144 times   4 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  8. Kramer v. Time Warner Inc.

    937 F.2d 767 (2d Cir. 1991)   Cited 1,664 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Fed. R. Evid. 201
  9. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 871 times   9 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"
  10. Ganino v. Citizens Utilities Co.

    228 F.3d 154 (2d Cir. 2000)   Cited 863 times   1 Legal Analyses
    Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 123,226 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 71,174 times   88 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 32,100 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 6,345 times   42 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  15. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 1,943 times   63 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
  16. Section 77m - Limitation of actions

    15 U.S.C. § 77m   Cited 924 times   28 Legal Analyses
    Providing limitations period for actions to enforce liability created under § 771
  17. Section 210.4-01 - Form, order, and terminology

    17 C.F.R. § 210.4-01   Cited 104 times
    Incorporating GAAP into SEC disclosure requirements
  18. Section 230.412 - Modified or superseded documents

    17 C.F.R. § 230.412   Cited 2 times

    (a) Any statement contained in a document incorporated or deemed to be incorporated by reference or deemed to be part of a registration statement or the prospectus that is part of the registration statement shall be deemed to be modified or superseded for purposes of the registration statement or the prospectus that is part of the registration statement to the extent that a statement contained in the prospectus that is part of the registration statement or in any other subsequently filed document