§Why CasetextPricing

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

MEMORANDUM OF LAW in Support re: 73 MOTION to Dismiss Second Consolidated Amended Class Action Complaint. . Document

109 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 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' "

  3. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,103 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

  4. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,284 times   225 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  5. Kumho Tire Co. v. Carmichael

    526 U.S. 137 (1999)   Cited 12,611 times   28 Legal Analyses
    Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

  6. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,834 times   69 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

  7. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,550 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”

  8. General Electric Co. v. Joiner

    522 U.S. 136 (1997)   Cited 4,860 times   41 Legal Analyses
    Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous

  9. Associated General Contractors v. Carpenters

    459 U.S. 519 (1983)   Cited 5,029 times   33 Legal Analyses
    Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

  10. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,181 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"

  11. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. CPLR 214   Cited 5,419 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  12. Section 1 - Trusts, etc., in restraint of trade illegal; penalty

    15 U.S.C. § 1   Cited 2,902 times   66 Legal Analyses
    Making illegal "[e]very contract, combination ..., or conspiracy, in restraint of trade"

  13. Section 1 - Short title

    7 U.S.C. § 1   Cited 942 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

  14. Section 15b - Limitation of actions

    15 U.S.C. § 15b   Cited 898 times   2 Legal Analyses
    Establishing a four-year limitations period for antitrust claims

  15. Section 9 - Prohibition regarding manipulation and false information

    7 U.S.C. § 9   Cited 301 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"

  16. Section 25 - Private rights of action

    7 U.S.C. § 25   Cited 276 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over private claims brought under the CEA

  17. 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

  18. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,196 times   133 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"

  19. Section 180.1 - Prohibition on the employment, or attempted employment, of manipulative and deceptive devices

    17 C.F.R. § 180.1   Cited 103 times   29 Legal Analyses
    Focusing on the use or employment, or attempted use or employment of any manipulative device, scheme, or artifice to defraud in connection with, as relevant here, any swap