97 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 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' "
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,544 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 4,853 times 41 Legal Analyses
Holding that under the abuse of discretion standard the appellate court will not reverse unless the ruling is manifestly erroneous
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,012 times 33 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
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"
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,239 times 5 Legal Analyses
Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,872 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"
Brunswick Corp. v. Pueblo Bowl-O-Mat, Inc.
429 U.S. 477 (1977) Cited 2,063 times 20 Legal Analyses
Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws
Zenith Radio Corp. v. Hazeltine Research
401 U.S. 321 (1971) Cited 2,496 times 5 Legal Analyses
Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,251 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,849 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 15b - Limitation of actions
15 U.S.C. § 15b Cited 897 times 2 Legal Analyses
Establishing a four-year limitations period for antitrust claims
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"
Section 25 - Private rights of action
7 U.S.C. § 25 Cited 275 times 4 Legal Analyses
Granting federal courts exclusive jurisdiction over private claims brought under the CEA
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
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

In re: London Silver Fixing, Ltd., Antitrust Litigation

97 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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 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 a union lacked standing to sue for injuries passed on to it by intermediaries

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

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

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"

Holding that mere economic loss does not amount to an antitrust injury under the antitrust laws

Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"

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

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

Establishing a four-year limitations period for antitrust claims

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"

Granting federal courts exclusive jurisdiction over private claims brought under the CEA

Pertaining to punishment for violations of the Commodity Exchange Act

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