64 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,709 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 266,625 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. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,020 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  5. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,181 times   80 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
  6. 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"
  7. 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
  8. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 520 times   17 Legal Analyses
    Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered
  9. Novak v. Kasaks

    216 F.3d 300 (2d Cir. 2000)   Cited 1,597 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
  10. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,388 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,531 times   91 Legal Analyses
    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
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,923 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  13. 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
  14. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 3,983 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"
  15. Section 78ff - Penalties

    15 U.S.C. § 78ff   Cited 661 times   23 Legal Analyses
    Providing criminal penalties
  16. Section 78dd-1 - Prohibited foreign trade practices by issuers

    15 U.S.C. § 78dd-1   Cited 141 times   118 Legal Analyses
    Making it unlawful for any securities issuer or its officer to bribe a foreign official
  17. Section 78dd-2 - Prohibited foreign trade practices by domestic concerns

    15 U.S.C. § 78dd-2   Cited 106 times   58 Legal Analyses
    Defining “foreign official” as “any officer or employee of a foreign government or any ... instrumentality thereof”