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Securities and Exchange Commission v. Cohmad Securities Corporation et al

MEMORANDUM OF LAW in Opposition re: 17 MOTION to Dismiss Complaint.. Document

83 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,170 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 279,246 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,527 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Clay v. U.S.

    537 U.S. 522 (2003)   Cited 4,620 times   1 Legal Analyses
    Holding that in the § 2255 context, "a judgment of conviction becomes final when the time expires for filing a petition for certiorari contesting the appellate court’s affirmation of the conviction"

  5. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,412 times   313 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  6. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,216 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"

  7. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,751 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  8. Ruotolo v. City of N.Y

    514 F.3d 184 (2d Cir. 2008)   Cited 2,190 times   3 Legal Analyses
    Holding that a party seeking to amend pursuant to a Rule 59 or Rule 60 motion "must first have the judgment vacated or set aside" under those Rules

  9. Affiliated Ute Citizens v. United States

    406 U.S. 128 (1972)   Cited 1,642 times   35 Legal Analyses
    Holding bank jointly and severally liable with its employees, without explanation

  10. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 530 times   17 Legal Analyses
    Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,552 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,644 times   92 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

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,080 times   334 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,762 times   166 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  15. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,712 times   53 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  16. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,379 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"