Foman v. Davis
371 U.S. 178 (1962) Cited 28,839 times 4 Legal AnalysesHolding 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
Basic Inc. v. Levinson
485 U.S. 224 (1988) Cited 3,356 times 308 Legal AnalysesHolding that the District Court appropriately certified the class based on the presumption of reliance
Plotkin v. IP Axess Inc.
407 F.3d 690 (5th Cir. 2005) Cited 968 timesHolding that a plaintiff must plead with “specificity as to the statements (or omissions) considered to be fraudulent, the speaker, when and why the statements were made, and an explanation of why they were fraudulent.”
Shaw v. Digital Equipment Corp.
82 F.3d 1194 (1st Cir. 1996) Cited 1,013 times 8 Legal AnalysesHolding that the bespeaks caution doctrine does not apply to representations of "present facts" that were false when made
Oran v. Stafford
226 F.3d 275 (3d Cir. 2000) Cited 630 times 33 Legal AnalysesHolding that courts can take judicial notice of authenticated versions of publicly available documents filed with a regulatory agency
Barry Aviation v. Land O'Lakes Mun. Airport
377 F.3d 682 (7th Cir. 2004) Cited 494 timesFinding that the resolution of the statute of limitations comes after the complaint stage
Foster v. Deluca
545 F.3d 582 (7th Cir. 2008) Cited 408 times 1 Legal AnalysesVacating denial of post-judgment relief made without explanation
In re Scholastic Corp. Securities Litigation
252 F.3d 63 (2d Cir. 2001) Cited 492 times 3 Legal AnalysesHolding that material decline in sales or earnings is information that must be disclosed
Dubicz v. Commonwealth Edison Co.
377 F.3d 787 (7th Cir. 2004) Cited 241 timesHolding that a district court abuses its discretion in denying a motion to amend when “the [opposing party's] case for prejudice is stated ... only in the most conclusory of terms,” and no “particular witnesses or documents are identified” to support the argument that a delay would prejudice a party
In re Carter-Wallace, Inc. Sec. Litigation
220 F.3d 36 (2d Cir. 2000) Cited 262 times 3 Legal AnalysesHolding that it is sufficient for Plaintiffs to allege defendants' knowledge of facts or access to information contradicting their public statements; inference of recklessness may also be inferred from refusal to see the obvious, or to investigate the doubtful
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,312 times 91 Legal AnalysesFinding 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
Section 803.3 - How does FDA define the terms used in this part?
21 C.F.R. § 803.3 Cited 18 times 2 Legal AnalysesSome of the terms we use in this part are specific to medical device reporting and reflect the language used in the statute (law). Other terms are more general and reflect our interpretation of the law. This section defines the following terms as used in this part: (a)Ambulatory surgical facility (ASF) means a distinct entity that operates for the primary purpose of furnishing same day outpatient surgical services to patients. An ASF may be either an independent entity (i.e., not a part of a provider
Section 7.3 - Definitions
21 C.F.R. § 7.3 Cited 12 times 4 Legal Analyses(a)Agency means the Food and Drug Administration. (b)Citation or cite means a document and any attachments thereto that provide notice to a person against whom criminal prosecution is contemplated of the opportunity to present views to the agency regarding an alleged violation. (c)Respondent means a person named in a notice who presents views concerning an alleged violation either in person, by designated representative, or in writing. (d)Responsible individual includes those in positions of power