Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 367 Legal AnalysesHolding 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 9,187 times 104 Legal AnalysesHolding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Matrixx Initiatives, Inc. v. Siracusano
563 U.S. 2011 (2011) Cited 1,347 times 57 Legal AnalysesHolding that plaintiffs had adequately pled a Rule 10b–5 claim—where defendant had disputed the sufficiency of the allegations with respect to the elements of scienter and materiality—by alleging that defendant had forestalled a stock price drop by making affirmative statements confirming the market's impression that defendant's leading product was safe, despite defendant's awareness of evidence suggesting a significant risk that the nasal spray led to loss of sense of smell; when the risk was finally (belatedly) disclosed, the stock price plummeted
Basic Inc. v. Levinson
485 U.S. 224 (1988) Cited 3,355 times 308 Legal AnalysesHolding that the District Court appropriately certified the class based on the presumption of reliance
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
552 U.S. 148 (2008) Cited 1,183 times 80 Legal AnalysesHolding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,700 times 79 Legal AnalysesHolding that Section 10(b)’s private right of action does not include suits against aiders and abettors
Halliburton Co. v. Erica P. John Fund, Inc.
573 U.S. 258 (2014) Cited 600 times 90 Legal AnalysesHolding that defendants may seek to rebut the Basic presumption at the class certification stage through evidence that the misrepresentation had no price impact
In re Gilead Sciences
536 F.3d 1049 (9th Cir. 2008) Cited 2,917 times 4 Legal AnalysesHolding that a court need not accept as true "allegations that are merely conclusory"
Janus Capital Group Inc. v. First Derivative Traders
564 U.S. 135 (2011) Cited 568 times 104 Legal AnalysesHolding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”
Affiliated Ute Citizens v. United States
406 U.S. 128 (1972) Cited 1,627 times 34 Legal AnalysesHolding bank jointly and severally liable with its employees, without explanation
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 348,148 times 929 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 78t-1 - Liability to contemporaneous traders for insider trading
15 U.S.C. § 78t-1 Cited 298 timesGranting an explicit right of private action under Rule 10b-5 pursuant to the Insider Trading and Securities Fraud Enforcement Act of 1988
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,221 times 134 Legal AnalysesHolding liable any person who "make any untrue statement of material fact"
Section 230.405 - [Effective 7/1/2024] Definitions of terms
17 C.F.R. § 230.405 Cited 351 times 12 Legal AnalysesDefining control the same way