132 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 277,801 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Matsushita Elec. Indus. Co. v. Zenith Radio
475 U.S. 574 (1986) Cited 115,279 times 38 Legal Analyses
Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
Daubert v. Merrell Dow Pharmaceuticals, Inc.
509 U.S. 579 (1993) Cited 27,048 times 238 Legal Analyses
Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"
Kumho Tire Co. v. Carmichael
526 U.S. 137 (1999) Cited 12,960 times 31 Legal Analyses
Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,621 times 67 Legal Analyses
Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
General Electric Co. v. Joiner
522 U.S. 136 (1997) Cited 4,988 times 43 Legal Analyses
Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
552 U.S. 148 (2008) Cited 1,214 times 80 Legal Analyses
Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,997 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"
Burtch v. Milberg Factors, Inc.
662 F.3d 212 (3d Cir. 2011) Cited 2,280 times
Holding that direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"
Illinois Brick Co. v. Illinois
431 U.S. 720 (1977) Cited 1,305 times 61 Legal Analyses
Holding that indirect purchasers cannot recover damages under federal antitrust law
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 359,077 times 954 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 162,721 times 197 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 39,967 times 334 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,539 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Rule 10 - Form of Pleadings
Fed. R. Civ. P. 10 Cited 20,391 times 10 Legal Analyses
Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
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 519 times 55 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 313 times 77 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 13 - Violations generally; punishment; costs of prosecution
7 U.S.C. § 13 Cited 267 times 13 Legal Analyses
Pertaining to punishment for violations of the Commodity Exchange Act
Section 6c - Prohibited transactions
7 U.S.C. § 6c Cited 219 times 32 Legal Analyses
Defining "spoofing" under the Commodity Exchange Act

In re: Commodity Exchange, Inc., Gold Futures and Options Trading Litigation

132 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them

Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous

Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

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 direct evidence of a conspiracy was lacking where the complaint's allegations did not "specify a time or place that any actual agreement to fix credit terms occurred, [or] ...indicate that any particular individuals or [organizations] made such an agreement"

Holding that indirect purchasers cannot recover damages under federal antitrust law

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

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

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"

Pertaining to punishment for violations of the Commodity Exchange Act

Defining "spoofing" under the Commodity Exchange Act