45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,028 times   280 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 268,776 times   367 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. Johnson v. City of Shelby

    574 U.S. 10 (2014)   Cited 3,020 times   4 Legal Analyses
    Holding that failure explicitly to invoke § 1983 does not render a complaint deficient if it otherwise pleads facts sufficient to establish all elements of the claim and stating that, "to ward off further insistence on a punctiliously stated 'theory of the pleadings,' " the plaintiffs on remand should be allowed to add a "citation to § 1983" to their complaint
  4. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,813 times   4 Legal Analyses
    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
  5. Christensen v. Harris County

    529 U.S. 576 (2000)   Cited 1,895 times   18 Legal Analyses
    Holding that agency interpretations contained in "policy statements, agency manuals, and enforcement guidelines, all of which lack the force of law do not warrant Chevron-style deference"
  6. Pinter v. Dahl

    486 U.S. 622 (1988)   Cited 861 times   15 Legal Analyses
    Holding that only a statutory "seller" may be liable under § 12 of Securities Act
  7. Analytical Surveys, Inc. v. Tonga Partners, L.P.

    684 F.3d 36 (2d Cir. 2012)   Cited 1,242 times
    Holding reconsideration "is not a vehicle for relitigating old issues . . . securing a rehearing on the merits, or otherwise taking a second bite at the apple."
  8. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,400 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"
  9. Williams v. Citigroup Inc.

    433 F. App'x 36 (2d Cir. 2011)   Cited 583 times
    Finding a "strong preference for resolving disputes on the merits"
  10. Pepper v. Litton

    308 U.S. 295 (1939)   Cited 1,856 times   9 Legal Analyses
    Holding that bankruptcy court has equitable power to disallow or subordinate state judgment
  11. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,229 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 902 - Evidence That Is Self-Authenticating

    Fed. R. Evid. 902   Cited 2,132 times   35 Legal Analyses
    Stating that "[p]rinted material purporting to be a newspaper or periodical" is self-authenticating
  13. Section 77e - Prohibitions relating to interstate commerce and the mails

    15 U.S.C. § 77e   Cited 1,858 times   25 Legal Analyses
    Requiring registration statement before selling securities
  14. Rule 1006 - Summaries to Prove Content

    Fed. R. Evid. 1006   Cited 1,747 times   6 Legal Analyses
    Allowing a "summary, chart, or calculation to prove the content of voluminous writings, recordings, or photographs that cannot be conveniently examined in court."
  15. Section 78c - Definitions and application

    15 U.S.C. § 78c   Cited 1,671 times   88 Legal Analyses
    Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934
  16. Section 78m - Periodical and other reports

    15 U.S.C. § 78m   Cited 1,206 times   84 Legal Analyses
    Authorizing Commission to adopt disclosure requirements for certain repurchases of securities by issuer
  17. Section 78p - Directors, officers, and principal stockholders

    15 U.S.C. § 78p   Cited 864 times   17 Legal Analyses
    Recognizing that information obtained by a director could be used in his capacity as a shareholder
  18. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 825 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact
  19. Section 251 - Merger or consolidation of domestic corporations [For application of this section, see 79 Del. Laws, c. 327,§8 and 80 Del. Laws, c. 265,§17]

    Del. Code tit. 8 § 251   Cited 197 times   6 Legal Analyses
    Requiring a vote by the majority of the outstanding stock
  20. Section 78b - Necessity for regulation

    15 U.S.C. § 78b   Cited 155 times   2 Legal Analyses
    Listing one of the reasons for the necessity of SEC regulation as "insur[ing] the maintenance of fair and honest markets in [securities] transactions"
  21. Section 240.16a-1 - Definition of terms

    17 C.F.R. § 240.16a-1   Cited 136 times   1 Legal Analyses
    Applying the preceding definition, drawn from Section 13(d), for purposes of Section 16(b) liability
  22. Section 240.13d-5 - Acquisition of beneficial ownership

    17 C.F.R. § 240.13d-5   Cited 82 times   2 Legal Analyses
    Defining beneficial ownership by individuals outside the "group" context
  23. Section 230.414 - Registration by certain successor issuers

    17 C.F.R. § 230.414   Cited 3 times

    If any issuer, except a foreign issuer exempted by Rule 3a12-3 (17 CFR 240.3a 12-3 ), incorporated under the laws of any State or foreign government and having securities registered under the Act has been succeeded by an issuer incorporated under the laws of another State or foreign government for the purpose of changing the State or country of incorporation of the enterprises, or if any issuer has been succeeded by an issuer for the purpose of changing its form of organization, the registration