§Why CasetextPricing

Janssen v. OppenheimerFunds, Inc. et al

MOTION to Dismiss

88 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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

  2. 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' "

  3. 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"

  4. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,550 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”

  5. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,347 times   307 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  6. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,311 times   11 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

  7. Pinter v. Dahl

    486 U.S. 622 (1988)   Cited 859 times   15 Legal Analyses
    Holding that only a statutory "seller" may be liable under § 12 of Securities Act

  8. Santa Fe Industries, Inc. v. Green

    430 U.S. 462 (1977)   Cited 1,065 times   6 Legal Analyses
    Holding that the Securities Exchange Act is limited in scope to its textual provisions and does not conflict with state law regarding corporate misconduct, particularly corporate mismanagement

  9. Virginia Bankshares, Inc. v. Sandberg

    501 U.S. 1083 (1991)   Cited 609 times   22 Legal Analyses
    Holding that § 14 liability may not be established on "mere disbelief or undisclosed motive without any demonstration that the proxy statement was false or misleading"

  10. Tal v. Hogan

    453 F.3d 1244 (10th Cir. 2006)   Cited 1,381 times   1 Legal Analyses
    Holding that "because the extensiveness of the threat is a question of fact" the court would "assume for the purposes of this opinion that the predicate acts alleged ... establish a pattern of racketeering activity"

  11. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,465 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  12. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,113 times   85 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

  13. Section 77 - Discrimination against neutral Americans in time of war

    15 U.S.C. § 77   Cited 1,802 times   12 Legal Analyses
    Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"

  14. Section 77m - Limitation of actions

    15 U.S.C. § 77m   Cited 954 times   29 Legal Analyses
    Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

  15. Section 80a-2 - Definitions; applicability; rulemaking considerations

    15 U.S.C. § 80a-2   Cited 239 times   18 Legal Analyses
    Defining "interested person"

  16. Section 80a-22 - Distribution, redemption, and repurchase of securities; regulations by securities associations

    15 U.S.C. § 80a-22   Cited 42 times
    Authorizing NASD, subject to SEC approval, to impose limits on mutual fund sales charges

  17. Section 80a-5 - Subclassification of management companies

    15 U.S.C. § 80a-5   Cited 22 times

    (a) Open-end and closed-end companies For the purposes of this subchapter, management companies are divided into open-end and closed-end companies, defined as follows: (1) "Open-end company" means a management company which is offering for sale or has outstanding any redeemable security of which it is the issuer. (2) "Closed-end company" means any management company other than an open-end company. (b) Diversified and non-diversified companies Management companies are further divided into diversified

  18. Section 80a-29 - Reports and financial statements of investment companies and affiliated persons

    15 U.S.C. § 80a-29   Cited 22 times   1 Legal Analyses

    (a) Annual report by company Every registered investment company shall file annually with the Commission such information, documents, and reports as investment companies having securities registered on a national securities exchange are required to file annually pursuant to section 13(a) of the Securities Exchange Act of 1934 [ 15 U.S.C. 78m(a) ] and the rules and regulations issued thereunder. (b) Semi-annual or quarterly filing of information; copies of periodic or interim reports sent to security

  19. Section 80a-24 - Registration of securities under Securities Act of 1933

    15 U.S.C. § 80a-24   Cited 12 times   2 Legal Analyses

    (a) Registration statement; contents In registering under the Securities Act of 1933 [ 15 U.S.C. 77a et seq.], any security of which it is the issuer, a registered investment company, in lieu of furnishing a registration statement containing the information and documents specified in schedule A of said Act [ 15 U.S.C. 77aa ], may file a registration statement containing the following information and documents: (1) such copies of the registration statement filed by such company under this subchapter

  20. Section 270.22c-1 - Pricing of redeemable securities for distribution, redemption and repurchase

    17 C.F.R. § 270.22c-1   Cited 32 times

    (a) No registered investment company issuing any redeemable security, no person designated in such issuer's prospectus as authorized to consummate transactions in any such security, and no principal underwriter of, or dealer in, any such security shall sell, redeem, or repurchase any such security except at a price based on the current net asset value of such security which is next computed after receipt of a tender of such security for redemption or of an order to purchase or sell such security:

  21. Section 270.2a-4 - Definition of "current net asset value" for use in computing periodically the current price of redeemable security

    17 C.F.R. § 270.2a-4   Cited 8 times

    (a) The current net asset value of any redeemable security issued by a registered investment company used in computing periodically the current price for the purpose of distribution, redemption, and repurchase means an amount which reflects calculations, whether or not recorded in the books of account, made substantially in accordance with the following, with estimates used where necessary or appropriate. (1) Portfolio securities with respect to which market quotations are readily available shall

  22. Section 239.15A - Form N-1A, registration statement of open-end management investment companies

    17 C.F.R. § 239.15A   Cited 2 times

    Form N-1A shall be used for the registration under the Securities Act of 1933 of securities of open-end management investment companies other than separate accounts of insurance companies registered under the Investment Company Act of 1940 (on form N-1) (§ 270.11 of this chapter). This form is also to be used for the registration statement of such companies pursuant to section 8(b) of the Investment Company Act of 1940 (§ 270.11A of this chapter). This form is not applicable for small business investment

  23. Section 230.495 - Preparation of registration statement

    17 C.F.R. § 230.495

    (a) A registration statement on Form N-1A (§ 239.15A and § 274.11A of this chapter), Form N-2 (§ 239.14 and § 274.11a-1 of this chapter), Form N-3 (§ 239.17a and § 274.11b of this chapter), Form N-4 (§ 239.17b and § 274.11c of this chapter), or Form N-6 (§ 239.17c and § 274.11d of this chapter), shall consist of the facing sheet of the applicable form; a prospectus containing the information called for by such form; the information, list of exhibits, undertakings and signatures required to be set