33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. 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
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,194 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,542 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  5. Amgen Inc. v. Conn. Ret. Plans & Tr. Funds

    568 U.S. 455 (2013)   Cited 1,922 times   100 Legal Analyses
    Holding that certain merits questions “should not be resolved in deciding whether to certify a proposed class,” but are “properly addressed at trial or in a ruling on a summary-judgment motion”
  6. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,415 times   313 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance
  7. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,218 times   80 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
  8. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,521 times   41 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
  9. Halliburton Co. v. Erica P. John Fund, Inc.

    573 U.S. 258 (2014)   Cited 652 times   93 Legal Analyses
    Holding that defendants may seek to rebut the Basic presumption at the class certification stage through evidence that the misrepresentation had no price impact
  10. Merck Co. v. Reynolds

    559 U.S. 633 (2010)   Cited 690 times   20 Legal Analyses
    Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely
  11. 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
  12. 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. . . ."
  13. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 64,902 times   81 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity
  15. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,783 times   167 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
  16. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,730 times   53 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  17. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,422 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions
  18. Section 78a - Short title

    15 U.S.C. § 78a   Cited 1,743 times   40 Legal Analyses
    Emphasizing considerations of federalism in SLUSA's legislative findings
  19. Section 656 - Theft, embezzlement, or misapplication by bank officer or employee

    18 U.S.C. § 656   Cited 874 times   2 Legal Analyses
    Criminalizing certain conduct by an individual who is “an officer, director, agent or employee of, or connected in any capacity with any Federal Reserve bank”
  20. Section 78i - Manipulation of security prices

    15 U.S.C. § 78i   Cited 677 times   7 Legal Analyses
    Granting right of action to " the person . . . injured" by manipulation of security prices
  21. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,396 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"
  22. Section 240.15c3-1 - Net capital requirements for brokers or dealers

    17 C.F.R. § 240.15c3-1   Cited 80 times   2 Legal Analyses

    (a) Every broker or dealer must at all times have and maintain net capital no less than the greater of the highest minimum requirement applicable to its ratio requirement under paragraph (a)(1) of this section, or to any of its activities under paragraph (a)(2) of this section, and must otherwise not be "insolvent" as that term is defined in paragraph (c)(16) of this section. In lieu of applying paragraphs (a)(1) and (a)(2) of this section, an OTC derivatives dealer shall maintain net capital pursuant

  23. Section 220.128 - Treatment of simultaneous long and short positions in the same margin account when put or call options or combinations thereof on such stock are also outstanding in the account

    12 C.F.R. § 220.128   Cited 1 times

    (a) The Board was recently asked whether under Regulation T, "Credit by Brokers and Dealers" (12 CFR part 220), if there are simultaneous long and short positions in the same security in the same margin account (often referred to as a short sale "against the box"), such positions may be used to supply the place of the deposit of margin ordinarily required in connection with the guarantee by a creditor of a put or call option or combination thereof on such stock. (b) The applicable provisions of regulation