110 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 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' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,121 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Foman v. Davis
371 U.S. 178 (1962) Cited 28,629 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
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,874 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"
Merrill v. Dabit
547 U.S. 71 (2006) Cited 668 times 43 Legal Analyses
Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act
Lexecon Inc. v. Milberg Weiss Bershad Hynes Lerach
523 U.S. 26 (1998) Cited 845 times 8 Legal Analyses
Holding that, because the remand requirement is absolute, the transferee court may not invoke the change-of-venue statute to assign transferred cases to itself for trial
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,189 times 4 Legal Analyses
Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
Kramer v. Time Warner Inc.
937 F.2d 767 (2d Cir. 1991) Cited 1,988 times 1 Legal Analyses
Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201
IUE AFL-CIO Pension Fund v. Herrmann
9 F.3d 1049 (2d Cir. 1993) Cited 1,698 times 2 Legal Analyses
Holding that a "district court may assert personal jurisdiction over the parties to the related state-law claims even if personal jurisdiction is not otherwise available ...." provided that "a federal statute authorizes nationwide service of process, and the federal and state claims derive from a common nucleus of operative fact"
Guilbert v. Gardner
480 F.3d 140 (2d Cir. 2007) Cited 614 times
Holding that at-will employment agreement including promise to contribute $10,000 annually during employment to pension fund was not covered by Statute of Frauds under Cron because obligation was fixed and performable within one year
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,557 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 1441 - Removal of civil actions
28 U.S.C. § 1441 Cited 50,033 times 149 Legal Analyses
Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,931 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,373 times 184 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Section 522 - Exemptions
11 U.S.C. § 522 Cited 10,260 times 36 Legal Analyses
Granting debtor power to avoid judicial lien that impairs exemption
Section 1407 - Multidistrict litigation
28 U.S.C. § 1407 Cited 7,055 times 105 Legal Analyses
Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts
Section 78bb - Effect on existing law
15 U.S.C. § 78bb Cited 906 times 30 Legal Analyses
Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933
Rule 27 - Depositions to Perpetuate Testimony
Fed. R. Civ. P. 27 Cited 652 times 10 Legal Analyses
Providing a procedure for preserving testimony before the bringing of a federal cause of action
Section 77p - Additional remedies; limitation on remedies
15 U.S.C. § 77p Cited 449 times 16 Legal Analyses
Allowing certain securities class actions to be removed to federal court
Section 352 - Investigation by attorney-general
N.Y. Gen. Bus. Law § 352 Cited 220 times 9 Legal Analyses
Observing that in such situations "a witness subpoenaed to appear * * * has no constitutional right to * * * counsel" [supra, at 65]

In Re: Refco Securities Litigation

110 Cited authorities

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 a strong inference is one that is "cogent and at least as compelling as any opposing inference"

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 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 state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

Holding that, because the remand requirement is absolute, the transferee court may not invoke the change-of-venue statute to assign transferred cases to itself for trial

Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

Holding that the Court may consider matters of which judicial notice may be taken under Federal Rule of Evidence 201

Holding that at-will employment agreement including promise to contribute $10,000 annually during employment to pension fund was not covered by Statute of Frauds under Cron because obligation was fixed and performable within one year

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 that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

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

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Granting debtor power to avoid judicial lien that impairs exemption

Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

Providing a procedure for preserving testimony before the bringing of a federal cause of action

Allowing certain securities class actions to be removed to federal court

Observing that in such situations "a witness subpoenaed to appear * * * has no constitutional right to * * * counsel" [supra, at 65]