41 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 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' "
  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,143 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,552 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”
  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,880 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"
  5. 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"
  6. Affiliated Ute Citizens v. United States

    406 U.S. 128 (1972)   Cited 1,627 times   34 Legal Analyses
    Holding bank jointly and severally liable with its employees, without explanation
  7. Novak v. Kasaks

    216 F.3d 300 (2d Cir. 2000)   Cited 1,598 times   9 Legal Analyses
    Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false
  8. Ganino v. Citizens Utilities Co.

    228 F.3d 154 (2d Cir. 2000)   Cited 961 times   2 Legal Analyses
    Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test
  9. S.E. C. v. Capital Gains Bureau

    375 U.S. 180 (1963)   Cited 659 times   38 Legal Analyses
    Holding that an investment adviser who purchases a security for his own account and then recommends the same security to his client without disclosing that ownership violates the antifraud provision of the Act and breaches his fiduciary duty
  10. Blue Tree Hotels v. Starwood Hotels Resorts

    369 F.3d 212 (2d Cir. 2004)   Cited 548 times
    Holding that a Court may consider public records, such as complaints filed in state court, in deciding a motion to dismiss under Fed.R.Civ.P. 12(b)
  11. 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 346,675 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
  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,253 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  13. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,513 times   165 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,474 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party