39 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 236,142 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,254 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
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”
Baxter v. Palmigiano
425 U.S. 308 (1976) Cited 2,604 times 8 Legal Analyses
Holding that a party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference
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"
Carmen v. San Francisco Unified School Dist
237 F.3d 1026 (9th Cir. 2001) Cited 2,846 times 1 Legal Analyses
Holding that the district court is not required to comb the record for uncited evidence
Devereaux v. Abbey
263 F.3d 1070 (9th Cir. 2001) Cited 2,346 times
Holding that questionable investigative techniques did not cause due process violations and noting that “[f]ailing to follow guidelines or to carry out an investigation in a manner that will ensure an error-free result is one thing; intentionally fabricating false evidence is quite another”
Aaron v. Securities & Exchange Commission
446 U.S. 680 (1980) Cited 777 times 27 Legal Analyses
Holding that scienter is an element of Section 10(b), Rule 10b-5, and Section 17, but not Section 17 or
Southern California Gas Co. v. City of Santa Ana
336 F.3d 885 (9th Cir. 2003) Cited 953 times
Holding that the deprivation of rights secured by the Contract Clause may “give rise to a cause of action under section 1983” and that Carter “is not to the contrary”
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,478 times 91 Legal Analyses
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
Section 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,502 times 165 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
Section 77q - Fraudulent interstate transactions
15 U.S.C. § 77q Cited 3,299 times 38 Legal Analyses
Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security
Section 77e - Prohibitions relating to interstate commerce and the mails
15 U.S.C. § 77e Cited 1,851 times 25 Legal Analyses
Requiring registration statement before selling securities
Section 77d - Exempted transactions
15 U.S.C. § 77d Cited 466 times 9 Legal Analyses
Exempting "transactions by an issuer not involving any public offering"
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,196 times 133 Legal Analyses
Holding liable any person who "make any untrue statement of material fact"

Securities and Exchange Commission v. Alternate Energy Holdings, Inc et al

39 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

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 party’s refusal to testify in response to probative evidence offered against it in a civil action permits an adverse inference

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 the district court is not required to comb the record for uncited evidence

Holding that questionable investigative techniques did not cause due process violations and noting that “[f]ailing to follow guidelines or to carry out an investigation in a manner that will ensure an error-free result is one thing; intentionally fabricating false evidence is quite another”

Holding that scienter is an element of Section 10(b), Rule 10b-5, and Section 17, but not Section 17 or

Holding that the deprivation of rights secured by the Contract Clause may “give rise to a cause of action under section 1983” and that Carter “is not to the contrary”

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

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

Requiring registration statement before selling securities

Exempting "transactions by an issuer not involving any public offering"

Holding liable any person who "make any untrue statement of material fact"