Ashcroft v. Iqbal

Holding court need not credit "mere conclusory statements" in complaint

Bell Atl. Corp. v. Twombly

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

Swierkiewicz v. Sorema N.A.

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Ernst Ernst v. Hochfelder

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

Chambers v. Time Warner, Inc.

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

Gustafson v. Alloyd Co.

Holding that § 12 does not apply to secondary market transactions as the statute's inclusion of the term “prospectus” evinces an intent to limit the Sections's scope solely to the initial public offering

Herman MacLean v. Huddleston

Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

Pinter v. Dahl

Holding that only a statutory "seller" may be liable under § 12 of Securities Act

Roth v. Jennings

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]"

Boykin v. Keycorp

Holding that a plaintiff who identified “particular events giving rise” to her claims and who alleged that “she was treated less favorably . . . because of her race” gave defendant adequate notice under Rule 8 for federal civil rights claims

Rule 8 - General Rules of Pleading

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

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 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

Section 77k - Civil liabilities on account of false registration statement

Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

Section 77m - Limitation of actions

Establishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"

Section 77o - Liability of controlling persons

Imposing liability on persons who "control[] any person liable" under §§ 11 or 12

Section 229.1111 - (Item 1111) Pool assets

Section 229.1110 - (Item 1110) Originators