Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 Legal AnalysesHolding 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' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,121 times 104 Legal AnalysesHolding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,508 times 25 Legal AnalysesHolding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,550 times 67 Legal AnalysesHolding 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”
Foman v. Davis
371 U.S. 178 (1962) Cited 28,629 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 3,347 times 307 Legal AnalysesHolding that the District Court appropriately certified the class based on the presumption of reliance
Ernst Ernst v. Hochfelder
425 U.S. 185 (1976) Cited 3,485 times 39 Legal AnalysesHolding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,651 times 4 Legal AnalysesHolding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Erica P. John Fund, Inc. v. Halliburton Co.
563 U.S. 804 (2011) Cited 749 times 54 Legal AnalysesHolding that a plaintiff need not prove loss causation in order to obtain class certification
TSC Industries, Inc. v. Northway, Inc.
426 U.S. 438 (1976) Cited 2,479 times 67 Legal AnalysesHolding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"
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 345,982 times 922 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,931 times 316 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,465 times 48 Legal AnalysesGranting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 321 - Definitions; generally
21 U.S.C. § 321 Cited 1,167 times 163 Legal AnalysesDefining “new drug”
Section 10 - Bringing in additional parties
15 U.S.C. § 10 Cited 27 times 4 Legal AnalysesWhenever it shall appear to the court before which any proceeding under section 9 of this title may be pending, that the ends of justice require that other parties should be brought before the court, the court may cause them to be summoned, whether they reside in the district in which the court is held or not; and subpoenas to that end may be served in any district by the marshal thereof. 15 U.S.C. § 10 Aug. 27, 1894, ch. 349, §75, 28 Stat. 570.