53 Cited authorities

Basic Inc. v. Levinson
485 U.S. 224 (1988) Cited 3,401 times 312 Legal Analyses
Holding that the District Court appropriately certified the class based on the presumption of reliance
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
552 U.S. 148 (2008) Cited 1,211 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"
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,739 times 79 Legal Analyses
Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,962 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
Merrill v. Dabit
547 U.S. 71 (2006) Cited 679 times 44 Legal Analyses
Holding that state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act
Chiarella v. United States
445 U.S. 222 (1980) Cited 987 times 40 Legal Analyses
Holding that duty to disclose under Rule 10b-5 arises from fiduciary relationship
Lerner v. Fleet Bank, N.A.
459 F.3d 273 (2d Cir. 2006) Cited 1,230 times 4 Legal Analyses
Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"
Aaron v. Securities & Exchange Commission
446 U.S. 680 (1980) Cited 787 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
Ganino v. Citizens Utilities Co.
228 F.3d 154 (2d Cir. 2000) Cited 979 times 2 Legal Analyses
Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test
Acito v. Imcera Group, Inc.
47 F.3d 47 (2d Cir. 1995) Cited 1,142 times 1 Legal Analyses
Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 4,052 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"

Securities and Exchange Commission v. Cohmad Securities Corporation et al

53 Cited authorities

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

Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

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 state law class action securities fraud claims brought by “holders” of securities are, just like those of “purchasers” and “sellers,” preempted by the Securities Litigation Uniform Standards Act

Holding that duty to disclose under Rule 10b-5 arises from fiduciary relationship

Holding that an aiding and abetting claim under New York law requires "an allegation that such defendant had actual knowledge of the breach of duty"

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

Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test

Holding that selling stock, by itself, insufficient to plead scienter, absent allegations that "stock sales were 'unusual'"

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

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"