60 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 times 369 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
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,630 times 67 Legal Analyses
Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,220 times 34 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
FW/PBS, Inc. v. City of Dallas
493 U.S. 215 (1990) Cited 2,422 times 2 Legal Analyses
Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))
Holmes v. Securities Investor Protection Corp.
503 U.S. 258 (1992) Cited 1,699 times 8 Legal Analyses
Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers
Simon v. E. Ky. Welfare Rights Org.
426 U.S. 26 (1976) Cited 3,292 times 6 Legal Analyses
Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs
United States v. Hays
515 U.S. 737 (1995) Cited 989 times
Holding that while a plaintiff residing in a racially gerrymandered district had standing to challenge the redistricting, a plaintiff not residing in such a district lacked standing to challenge the redistricting
Brass v. American Film Technologies, Inc.
987 F.2d 142 (2d Cir. 1993) Cited 1,971 times
Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions
Lentell v. Merrill Lynch Co., Inc.
396 F.3d 161 (2d Cir. 2005) Cited 1,020 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"
S.E.C. v. Howey Co.
328 U.S. 293 (1946) Cited 1,524 times 378 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 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,788 times 92 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
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,114 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 302 - Personal jurisdiction by acts of non-domiciliaries
N.Y. C.P.L.R. § 302 Cited 4,362 times 6 Legal Analyses
Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

Omega Advisors, Inc. et al v. Lewis

60 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 the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))

Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

Holding that while a plaintiff residing in a racially gerrymandered district had standing to challenge the redistricting, a plaintiff not residing in such a district lacked standing to challenge the redistricting

Holding that district courts may make use of "documents either in plaintiffs' possession or of which plaintiffs had knowledge and relied on in bringing suit" in evaluating Rule 12(b) motions

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 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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Requiring that fraud be pleaded with particularity

Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"