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Public Employees' Retirement System of Mississippi et al v. Goldman Sachs Group, Inc. et al

REPLY MEMORANDUM OF LAW in Support re: 67 MOTION to Dismiss the Second Amended Complaint.. Document

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,865 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Lewis v. Casey

    518 U.S. 343 (1996)   Cited 14,367 times   5 Legal Analyses
    Holding that a prisoner must show an actual injury to state a claim for denial of access to courts

  4. Gustafson v. Alloyd Co.

    513 U.S. 561 (1995)   Cited 998 times   10 Legal Analyses
    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

  5. In re Suprema Specialties, Inc.

    438 F.3d 256 (3d Cir. 2006)   Cited 551 times
    Holding that "[i]f no controlled person is liable, there can be no controlling person liability"

  6. Hoxworth v. Blinder, Robinson Co., Inc.

    980 F.2d 912 (3d Cir. 1992)   Cited 715 times   1 Legal Analyses
    Holding plaintiffs entitled to presumption of reliance because of defendants' nondisclosure of pricing policy

  7. Central States Southeast v. Merck-Medco

    433 F.3d 181 (2d Cir. 2005)   Cited 384 times   2 Legal Analyses
    Holding that a plan participant may have Article III standing to obtain injunctive relief related to ERISA's disclosure and fiduciary duty requirements without a showing of individual harm to the participant

  8. J. E. Bernard Co. v. Ingersoll Milling Mach

    484 U.S. 1042 (1988)   Cited 178 times
    Holding that a $50 rule used by the Secretary of Education to evaluate applications for Impact Aid by local school districts was not subject to the notice and comment procedures of the APA because it was an interpretive rule, describing "the agency's view of the meaning of a statute"

  9. Hevesi v. Citigroup Inc.

    366 F.3d 70 (2d Cir. 2004)   Cited 135 times   3 Legal Analyses
    Holding that plaintiffs fail to establish predominance requirement if they are not entitled to presumption of reliance

  10. In re AOL Time Warner, Inc. Securities & “Erisa” Litigation

    381 F. Supp. 2d 192 (S.D.N.Y. 2004)   Cited 124 times
    Holding that "[w]ith respect to group-published documents such as prospectuses, plaintiffs may rely on a presumption that the group-information is the collective works of those individuals" directly involved in the day-to-day affairs of the corporation

  11. Section 229.303 - (Item 303) Management's discussion and analysis of financial condition and results of operations

    17 C.F.R. § 229.303   Cited 424 times   45 Legal Analyses
    Imposing obligation to "[d]escribe any known trends or uncertainties that . . . are reasonably likely to have a material . . . unfavorable impact on net sales or revenues . . . from continuing operations"

  12. Section 229.1111 - (Item 1111) Pool assets

    17 C.F.R. § 229.1111   Cited 13 times

    Describe the pool assets, including the information required by this Item 1111. Present statistical information in tabular or graphical format, if such presentation will aid understanding. Present statistical information in appropriate distributional groups or incremental ranges in addition to presenting appropriate overall pool totals, averages and weighted averages, if such presentation will aid in the understanding of the data. In addition to presenting the number, amount and percentage of pool

  13. Section 230.430B - Prospectus in a registration statement after effective date

    17 C.F.R. § 230.430B   Cited 12 times
    Expanding the meaning of the "initial bona fide offering date" from the date of a post-effective registration statement amendment, to the date of a post-effective registration statement supplement, with regard to issuer and underwriter liability

  14. Section 229.1110 - (Item 1110) Originators

    17 C.F.R. § 229.1110   Cited 5 times

    (a) Identify any originator or group of affiliated originators, apart from the sponsor or its affiliates, that originated, or is expected to originate, 10% or more of the pool assets. Also identify any originator(s) originating less than 10% of the pool assets if the cumulative amount originated by parties other than the sponsor or its affiliates is more than 10% of the pool assets. (b) Provide the following information for any originator or group of affiliated originators, apart from the sponsor

  15. Section 230.412 - Modified or superseded documents

    17 C.F.R. § 230.412   Cited 3 times

    (a) Any statement contained in a document incorporated or deemed to be incorporated by reference or deemed to be part of a registration statement or the prospectus that is part of the registration statement shall be deemed to be modified or superseded for purposes of the registration statement or the prospectus that is part of the registration statement to the extent that a statement contained in the prospectus that is part of the registration statement or in any other subsequently filed document