99 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,662 times   364 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' "
  2. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,619 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 3,871 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 1,310 times   11 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 1,327 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 1,596 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 1,383 times   5 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 1,984 times   1 Legal Analyses
    Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
  9. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 997 times   20 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. Staehr v. Hartford Financial Serv

    547 F.3d 406 (2d Cir. 2008)   Cited 860 times   1 Legal Analyses
    Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"
  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,230 times   91 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
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,845 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,445 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  14. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,111 times   85 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
  15. Section 77m - Limitation of actions

    15 U.S.C. § 77m   Cited 954 times   29 Legal Analyses
    Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"
  16. Section 210.4-01 - Form, order, and terminology

    17 C.F.R. § 210.4-01   Cited 115 times
    Incorporating GAAP into SEC disclosure requirements
  17. Section 230.412 - Modified or superseded documents

    17 C.F.R. § 230.412   Cited 3 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