49 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 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 267,097 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' "
Foman v. Davis
371 U.S. 178 (1962) Cited 28,667 times 4 Legal Analyses
Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
Krupski v. Costa Crociere S. P. A.
560 U.S. 538 (2010) Cited 1,267 times 2 Legal Analyses
Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury
McCarthy v. Dun & Bradstreet Corp.
482 F.3d 184 (2d Cir. 2007) Cited 3,220 times
Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"
Zenith Radio Corp. v. Hazeltine Research
401 U.S. 321 (1971) Cited 2,500 times 5 Legal Analyses
Holding that claims based on continuing conspiracies accrue each time "a defendant commits an act that injures a plaintiffs business"
Minter v. Prime Equipment Co.
451 F.3d 1196 (10th Cir. 2006) Cited 1,579 times
Holding that "denial of leave to amend is appropriate when the party filing the motion has no adequate explanation for the delay"
Schiavone v. Fortune
477 U.S. 21 (1986) Cited 755 times
Holding that in order to relate back "the basic claim must have arisen out of the conduct set forth in the original pleading"
DCD Programs, Ltd. v. Leighton
833 F.2d 183 (9th Cir. 1987) Cited 2,904 times
Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint
Lucente v. International Bus. Machines Corp.
310 F.3d 243 (2d Cir. 2002) Cited 1,432 times 2 Legal Analyses
Holding that the New York rule does not apply in breach of contract cases
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 346,412 times 923 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 156,480 times 194 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,683 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
Section 77k - Civil liabilities on account of false registration statement
15 U.S.C. § 77k Cited 2,113 times 86 Legal Analyses
Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
Section 77o - Liability of controlling persons
15 U.S.C. § 77o Cited 804 times 8 Legal Analyses
Imposing liability on persons who "control[] any person liable" under §§ 11 or 12
Section 240.12b-2 - [Effective 7/1/2024] Definitions
17 C.F.R. § 240.12b-2 Cited 250 times 14 Legal Analyses
Defining "control" as "the power to direct or cause the direction of the management and policies of a [company], whether through the ownership of voting securities, by contract, or otherwise"

In Re: ProShares Trust Securities Litigation

49 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 an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

Holding claim relates back where plaintiff misunderstood which entity was in charge of ship that allegedly caused injury

Holding that the district court did not abuse its discretion in denying leave to amend where "discovery had closed, defendants had filed for summary judgment, and nearly two years had passed since the filing of the original complaint"

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

Holding that "denial of leave to amend is appropriate when the party filing the motion has no adequate explanation for the delay"

Holding that in order to relate back "the basic claim must have arisen out of the conduct set forth in the original pleading"

Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint

Holding that the New York rule does not apply in breach of contract cases

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. . . ."

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

Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

Imposing liability on persons who "control[] any person liable" under §§ 11 or 12

Defining "control" as "the power to direct or cause the direction of the management and policies of a [company], whether through the ownership of voting securities, by contract, or otherwise"