52 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Ernst Ernst v. Hochfelder
425 U.S. 185 (1976) Cited 3,500 times 40 Legal Analyses
Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
Merrill v. Dabit
547 U.S. 71 (2006) Cited 677 times 44 Legal Analyses
Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act
Securities v. Zandford
535 U.S. 813 (2002) Cited 525 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
Shields v. Citytrust Bancorp, Inc.
25 F.3d 1124 (2d Cir. 1994) Cited 1,842 times 5 Legal Analyses
Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"
Lentell v. Merrill Lynch Co., Inc.
396 F.3d 161 (2d Cir. 2005) Cited 1,012 times 20 Legal Analyses
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"
Acito v. Imcera Group, Inc.
47 F.3d 47 (2d Cir. 1995) Cited 1,137 times 1 Legal Analyses
Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"
Giordano v. City of New York
274 F.3d 740 (2d Cir. 2001) Cited 873 times 1 Legal Analyses
Holding that the district court properly granted summary judgment in favor of the defendants on the plaintiffs class-of-one equal protection claim because there was no evidence in the record that the defendants knew that they were treating the plaintiff differently from anyone else
Kalnit v. Eichler
264 F.3d 131 (2d Cir. 2001) Cited 861 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”
S.E.C. v. Howey Co.
328 U.S. 293 (1946) Cited 1,511 times 374 Legal Analyses
Holding that agreements whereby investors took part in a citrus venture were "securities" under the Act
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,592 times 52 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress
28 U.S.C. § 1658 Cited 2,398 times 41 Legal Analyses
Holding that the state-law tort period controls § 1983 actions
Section 78bb - Effect on existing law
15 U.S.C. § 78bb Cited 907 times 30 Legal Analyses
Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933

Nathel et al v. Siegal et al

52 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered

Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

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"

Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"

Holding that the district court properly granted summary judgment in favor of the defendants on the plaintiffs class-of-one equal protection claim because there was no evidence in the record that the defendants knew that they were treating the plaintiff differently from anyone else

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 agreements whereby investors took part in a citrus venture were "securities" under the Act

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

Requiring that fraud be pleaded with particularity

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

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

Holding that the state-law tort period controls § 1983 actions

Adopting definition of "covered security" found in paragraphs and of section 18(b) of the Securities Act of 1933