39 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 240,017 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 219,584 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Hicks v. Baines

    593 F.3d 159 (2d Cir. 2010)   Cited 2,423 times   5 Legal Analyses
    Holding actions to be “materially adverse” under Title VII if they are “harmful to the point that they could well dissuade a reasonable worker from making or supporting a charge of discrimination”
  4. Salahuddin v. Goord

    467 F.3d 263 (2d Cir. 2006)   Cited 2,701 times
    Holding that where prison officials did not "point[] to anything in the record to show that they relied on legitimate penological justifications," court could not "manufacture facts out of thin air"
  5. In re Morgan Stanley Infor

    592 F.3d 347 (2d Cir. 2010)   Cited 433 times   3 Legal Analyses
    Affirming the district court's dismissal of a Section 15 claim where the plaintiffs' Section 11 and 12 claims were properly dismissed
  6. F.D.I.C. v. Giammettei

    34 F.3d 51 (2d Cir. 1994)   Cited 353 times
    Holding that an affirmative defense may be stricken “when review of the record in a light most favorable to the defendant reveals the absence of evidence supporting an essential element of the defense.”
  7. Rodriguez v. Vill. Green Realty, Inc.

    788 F.3d 31 (2d Cir. 2015)   Cited 149 times
    Finding a genuine dispute of fact as to a substantial limitation on ability to obtain shelter where evidence supported a finding that defendants considered plaintiff "an undesirable tenant, restricted in her ability to obtain housing because property owners would not wish to rent to her"
  8. Metzger v. DaRosa

    209 Ill. 2d 30 (Ill. 2004)   Cited 158 times
    Finding no implied private right of action under Illinois whistleblower statute
  9. In re Software Toolworks Inc.

    50 F.3d 615 (9th Cir. 1994)   Cited 202 times   5 Legal Analyses
    Holding summary judgment on 10b-5 claim to be improper, even in absence of direct evidence of fraudulent intent, where evidence permitted a "reasonable inference" of scienter
  10. Karasick v. Proshares Trust, (In re Proshares Trust Sec. Litig.)

    728 F.3d 96 (2d Cir. 2013)   Cited 91 times   4 Legal Analyses
    Finding unpersuasive plaintiffs' "efforts to find a meaningful distinction between 'diverge significantly' and 'actual loss'"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 334,390 times   159 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,381 times   38 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security
  13. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,124 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
  14. Section 77b - Definitions; promotion of efficiency, competition, and capital formation

    15 U.S.C. § 77b   Cited 1,421 times   27 Legal Analyses
    Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"
  15. Section 77a - Short title

    15 U.S.C. § 77a   Cited 1,237 times   30 Legal Analyses
    Titling act
  16. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 833 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact
  17. Section 815 ILCS 5/12 - Violation

    815 ILCS 5/12   Cited 107 times
    Making it illegal "[t]o obtain money or property through the sale of securities by means of" material misstatements or omissions
  18. Section 815 ILCS 5/13 - Private and other civil remedies; securities

    815 ILCS 5/13   Cited 101 times   2 Legal Analyses
    Specifying that those who participated or aided in selling a security in violation of the Illinois securities laws are "joint and severally liable to the purchaser," including purchasers' attorneys' fees and expenses
  19. Section 815 ILCS 5/4 - Exempt transactions

    815 ILCS 5/4   Cited 9 times   2 Legal Analyses

    The provisions of Sections 2a, 5, 6 and 7 of this Act shall not apply to any of the following transactions, except where otherwise specified in this Section 4: A. Any offer or sale, whether through a dealer or otherwise, of securities by a person who is not an issuer, underwriter, dealer or controlling person in respect of such securities, and who, being the bona fide owner of such securities, disposes thereof for his or her own account; provided, that such offer or sale is not made directly or indirectly

  20. Section 230.176 - Circumstances affecting the determination of what constitutes reasonable investigation and reasonable grounds for belief under section 11 of the Securities Act

    17 C.F.R. § 230.176   Cited 10 times   1 Legal Analyses
    Listing relevant considerations in deciding whether an investigation was reasonable under Section 11