74 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 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' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,121 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,550 times 67 Legal Analyses
Holding 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 Analyses
Holding 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 Analyses
Holding 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 Analyses
Holding 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 Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
TSC Industries, Inc. v. Northway, Inc.
426 U.S. 438 (1976) Cited 2,479 times 67 Legal Analyses
Holding 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"
Nami v. Fauver
82 F.3d 63 (3d Cir. 1996) Cited 2,464 times
Holding that a Section 1983 plaintiff is only entitled to relief "if complaint sufficiently alleges deprivation of any right secured by the Constitution"
Virginia Bankshares, Inc. v. Sandberg
501 U.S. 1083 (1991) Cited 609 times 22 Legal Analyses
Holding that § 14 liability may not be established on "mere disbelief or undisclosed motive without any demonstration that the proxy statement was false or misleading"
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 345,981 times 922 Legal Analyses
Granting 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 Analyses
Permitting "[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 Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 3,983 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"
Section 78u-5 - Application of safe harbor for forward-looking statements
15 U.S.C. § 78u-5 Cited 1,258 times 21 Legal Analyses
Noting that under the statutory safe harbor, a defendant may avoid liability for any forward-looking statement that is false or misleading if the statement is "identified as a forward-looking statement, and is accompanied by meaningful cautionary statements identifying important factors that could cause actual results to differ materially from those in the forward-looking statement"
Section 314.101 - Filing an NDA and receiving an ANDA
21 C.F.R. § 314.101 Cited 31 times 9 Legal Analyses
Providing that an "NDA may be filed" once the "FDA has made a threshold determination that the NDA is sufficiently complete to permit a substantive review"

Reid v. Hemispherx Biopharma, Inc. et al

74 Cited authorities

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' "

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding 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”

Holding 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

Holding that the District Court appropriately certified the class based on the presumption of reliance

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

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding 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"

Holding that a Section 1983 plaintiff is only entitled to relief "if complaint sufficiently alleges deprivation of any right secured by the Constitution"

Holding that § 14 liability may not be established on "mere disbelief or undisclosed motive without any demonstration that the proxy statement was false or misleading"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

Providing that an "NDA may be filed" once the "FDA has made a threshold determination that the NDA is sufficiently complete to permit a substantive review"