41 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,259 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' "
United States v. Bestfoods
524 U.S. 51 (1998) Cited 1,416 times 22 Legal Analyses
Holding that ownership and control is insufficient to demonstrate an alter-ego relationship
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"
Securities & Exchange Commission v. First Jersey Securities, Inc.
101 F.3d 1450 (2d Cir. 1996) Cited 1,232 times 5 Legal Analyses
Holding that owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received
Wilson v. Merrill Lynch & Co.
671 F.3d 120 (2d Cir. 2011) Cited 464 times 5 Legal Analyses
Upholding district court's decision to deny leave to amend where plaintiff “never indicated ... how further amendment would permit him to cure the deficiencies in the complaint.”
Suez Equity Investors, L.P. v. Toronto-Dominion Bank
250 F.3d 87 (2d Cir. 2001) Cited 554 times 1 Legal Analyses
Holding that the scienter of an agent of a corporate defendant is attributable to the corporation as a primary violator of § 10(b) and Rule 10b-5
In re Initial Public Offering Securities
241 F. Supp. 2d 281 (S.D.N.Y. 2003) Cited 296 times
Holding that market manipulation creates a duty to disclose
Anwar v. Fairfield Greenwich Ltd.
728 F. Supp. 2d 372 (S.D.N.Y. 2010) Cited 177 times
Holding that sufficient indicia of partnership and detrimental reliance on those representations are necessary to establish partnership-by-representation
Pension of Univ. of Montreal v. Banc of America
446 F. Supp. 2d 163 (S.D.N.Y. 2006) Cited 155 times
Holding knowledge gained while acting as a director may be imputed to a fund administrator because the director sat on the board in furtherance of their duties on behalf of the administrator
American Protein Corp. v. AB Volvo
844 F.2d 56 (2d Cir. 1988) Cited 229 times
Holding that New York law applies to tortious interference claim where alleged tort occurred in New York and involved New York corporation
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 345,449 times 922 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 155,974 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,889 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,460 times 48 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 3,981 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

In re Tremont Securities Law, State Law and Insurance Litigation

41 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 ownership and control is insufficient to demonstrate an alter-ego relationship

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 owner-officer who collaborated in unlawful conduct of firm may be held jointly and severally liable with firm for disgorgement of unlawful gains received

Upholding district court's decision to deny leave to amend where plaintiff “never indicated ... how further amendment would permit him to cure the deficiencies in the complaint.”

Holding that the scienter of an agent of a corporate defendant is attributable to the corporation as a primary violator of § 10(b) and Rule 10b-5

Holding that market manipulation creates a duty to disclose

Holding that sufficient indicia of partnership and detrimental reliance on those representations are necessary to establish partnership-by-representation

Holding knowledge gained while acting as a director may be imputed to a fund administrator because the director sat on the board in furtherance of their duties on behalf of the administrator

Holding that New York law applies to tortious interference claim where alleged tort occurred in New York and involved New York corporation

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. . . ."

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

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"