Ashcroft v. Iqbal

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Dura Pharmaceuticals v. Broudo

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”

Foman v. Davis

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

Ruotolo v. City of N.Y

Holding that a party seeking to amend pursuant to a Rule 59 or Rule 60 motion "must first have the judgment vacated or set aside" under those Rules

Cortec Indus., Inc. v. Sum Holding L.P.

Holding that “[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated” and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were “integral to [plaintiffs'] complaint”

ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.

Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality

Lentell v. Merrill Lynch Co., Inc.

Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

Staehr v. Hartford Financial Serv

Holding that matters judicially noticed by a court "are not considered matters outside the pleadings"

Southern New England Telephone v. Global Naps

Holding that "a clear statement from Congress is required before we conclude that a statute withdraws the original jurisdiction of the district courts"

Ganino v. Citizens Utilities Co.

Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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

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

Rule 9 - Pleading Special Matters

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

Section 273 - Transfer or obligation voidable as to present or future creditor

Requiring contested transaction be made "by a person who is or will be thereby rendered insolvent"

Section 276 - Remedies of creditor

Providing that every conveyance with actual intent to defraud present or future creditors is fraudulent, irrespective of transferee's good faith (or lack thereof) or exchange of fair consideration

Section 274 - Transfer or obligation voidable as to present creditor

Section 275 - When transfer is made or obligation is incurred

Providing additional grounds for finding of constructive fraud

Section 271 - Insolvency