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Securities And Exchange Commission v. Charles C. Liu et al

NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction

22 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. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 1,404 times   7 Legal Analyses
    Holding that "for individual defendants' stock sales to raise an inference of scienter, plaintiffs must provide a 'meaningful trading history' for purposes of comparison to the stock sales within the class period," and that "[e]ven if the defendant's trading history is simply not available, for reasons beyond a plaintiff's control, the plaintiff is not excused from pleading the relevant history"

  4. United Housing Foundation, Inc. v. Forman

    421 U.S. 837 (1975)   Cited 773 times   40 Legal Analyses
    Holding that a security does not exist “where [a consumer] purchases a commodity for personal consumption or living quarters for personal use”

  5. Reves v. Ernst Young

    494 U.S. 56 (1990)   Cited 446 times   72 Legal Analyses
    Holding "every note" is presumed to be a security

  6. Tcherepnin v. Knight

    389 U.S. 332 (1967)   Cited 709 times   5 Legal Analyses
    Holding withdrawable capital shares in savings and loan association a security

  7. S.E.C. v. Howey Co.

    328 U.S. 293 (1946)   Cited 1,524 times   378 Legal Analyses
    Holding that agreements whereby investors took part in a citrus venture were "securities" under the Act

  8. Penteco Corp. v. Union Gas System

    929 F.2d 1519 (10th Cir. 1991)   Cited 573 times
    Holding that "there is a strong presumption against federal jurisdiction" and the party seeking to invoke such jurisdiction bears the burden of showing its existence

  9. City of Cleveland V. Cleveland Electric Illuminating

    469 U.S. 884 (1984)   Cited 193 times
    Reviewing court must accept the district court's factual findings unless clearly erroneous

  10. Chemical Bank v. Arthur Andersen Co.

    726 F.2d 930 (2d Cir. 1984)   Cited 250 times   3 Legal Analyses
    Holding that "a pledge is a sale and purchase of a security under § 10(b)"

  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 15 - Suits by persons injured

    15 U.S.C. § 15   Cited 5,756 times   35 Legal Analyses
    Granting private right of action to anyone who has been injured "by reason of anything forbidden in the antitrust laws ..."

  14. Section 78c - Definitions and application

    15 U.S.C. § 78c   Cited 1,706 times   91 Legal Analyses
    Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934

  15. Section 77b - Definitions; promotion of efficiency, competition, and capital formation

    15 U.S.C. § 77b   Cited 1,425 times   28 Legal Analyses
    Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"

  16. Section 77a - Short title

    15 U.S.C. § 77a   Cited 1,244 times   30 Legal Analyses
    Titling act