30 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,838 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 9,156 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Gustafson v. Alloyd Co.
513 U.S. 561 (1995) Cited 998 times 10 Legal Analyses
Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering
Novak v. Kasaks
216 F.3d 300 (2d Cir. 2000) Cited 1,599 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
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,390 times 5 Legal Analyses
Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
Kramer v. Time Warner Inc.
937 F.2d 767 (2d Cir. 1991) Cited 1,989 times 1 Legal Analyses
Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
Rothman v. Gregor
220 F.3d 81 (2d Cir. 2000) Cited 1,325 times 1 Legal Analyses
Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )
Kalnit v. Eichler
264 F.3d 131 (2d Cir. 2001) Cited 847 times 1 Legal Analyses
Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”
Teams. Local 445 v. Dynex Cap
531 F.3d 190 (2d Cir. 2008) Cited 447 times 5 Legal Analyses
Holding that plaintiffs failed to allege corporate scienter where they did not specifically identify reports or statements to which the corporate officer had access that would have contradicted the allegedly fraudulent corporate statements at issue
First Nationwide Bank v. Gelt Funding Corp.
27 F.3d 763 (2d Cir. 1994) Cited 660 times
Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,016 times 320 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 77m - Limitation of actions
15 U.S.C. § 77m Cited 955 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"
Section 229.512 - (Item 512) Undertakings
17 C.F.R. § 229.512 Cited 39 times 1 Legal Analyses
Stating that the SEC's position is that indemnification to officers and directors for liabilities arising under the Securities Act is against public policy and such indemnification is unenforceable, with the exception for expenses incurred in successful defense of any action
Section 230.415 - Delayed or continuous offering and sale of securities
17 C.F.R. § 230.415 Cited 33 times
Permitting registration of securities to be issued on a "continuous" or "delayed" basis

In Re: CitiGroup Inc. Bond Action Litigation

30 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 § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

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

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

Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )

Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”

Holding that plaintiffs failed to allege corporate scienter where they did not specifically identify reports or statements to which the corporate officer had access that would have contradicted the allegedly fraudulent corporate statements at issue

Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

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"

Stating that the SEC's position is that indemnification to officers and directors for liabilities arising under the Securities Act is against public policy and such indemnification is unenforceable, with the exception for expenses incurred in successful defense of any action

Permitting registration of securities to be issued on a "continuous" or "delayed" basis