33 Cited authorities

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
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"
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"
Janus Capital Group Inc. v. First Derivative Traders
564 U.S. 135 (2011) Cited 567 times 104 Legal Analyses
Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”
Kalnit v. Eichler
264 F.3d 131 (2d Cir. 2001) Cited 844 times 1 Legal Analyses
Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”
Am. Fuel Corp. v. Utah Energy Dev. Co.
122 F.3d 130 (2d Cir. 1997) Cited 380 times
Holding that one factor which weighed "strongly against a finding of domination" by a corporate officer was the fact that another individual "actively participated in [the corporation's] business and had at least as much involvement in, and control over, the company as did [the officer]."
IN RE ALSTOM SA SECURITIES LITIGATION
406 F. Supp. 2d 433 (S.D.N.Y. 2005) Cited 220 times
Holding the plaintiffs sufficiently alleged scienter where "it is at least arguable that [the defendant] deliberately omitted adequate information about its vendor financing arrangements from its public statements, and thus portrayed the performance of [a particular division] far more favorably than the full facts warranted"
Twombly v. Bell Atlantic Corp.
425 F.3d 99 (2d Cir. 2005) Cited 220 times 3 Legal Analyses
Holding that there is no heightened pleading standard in antitrust cases brought under Section 1 of the Sherman Act
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
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 345,981 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 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 35,777 times 141 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
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

McIntire v. China Media Express Holdings, Inc.

33 Cited authorities

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

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 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 a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”

Holding that one factor which weighed "strongly against a finding of domination" by a corporate officer was the fact that another individual "actively participated in [the corporation's] business and had at least as much involvement in, and control over, the company as did [the officer]."

Holding that there is no heightened pleading standard in antitrust cases brought under Section 1 of the Sherman Act

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding an "unrepresented party" to the same standard as an attorney

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