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Securities And Exchange Commission v. Conrad et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support

23 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,662 times   364 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' "

  3. Janus Capital Group Inc. v. First Derivative Traders

    564 U.S. 135 (2011)   Cited 567 times   104 Legal Analyses
    Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

  4. American Dental Assoc. v. Cigna Corp.

    605 F.3d 1283 (11th Cir. 2010)   Cited 1,578 times
    Holding that the district court properly dismissed plaintiffs' § 1962(c) claims because plaintiffs had not sufficiently pled the acts of mail and wire fraud alleged to form a pattern of racketeering activity

  5. Santa Fe Industries, Inc. v. Green

    430 U.S. 462 (1977)   Cited 1,063 times   6 Legal Analyses
    Holding that the Securities Exchange Act is limited in scope to its textual provisions and does not conflict with state law regarding corporate misconduct, particularly corporate mismanagement

  6. United States v. O'Hagan

    521 U.S. 642 (1997)   Cited 489 times   64 Legal Analyses
    Holding that under § 14(e), the SEC may prohibit "acts not themselves fraudulent under the common law or § 10(b), if the prohibition is reasonably designed to prevent acts and practices that are fraudulent" (internal quotation marks and alteration omitted)

  7. 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

  8. Wagner v. First Horizon Pharmaceutical

    464 F.3d 1273 (11th Cir. 2006)   Cited 446 times
    Holding that district courts have a "supervisory obligation to sua sponte order repleading pursuant to Federal Rule of Civil Procedure 12(e) when a shotgun complaint fails to link adequately a cause of action to its factual predicates"

  9. Simpson v. Sanderson Farms, Inc.

    744 F.3d 702 (11th Cir. 2014)   Cited 123 times   1 Legal Analyses
    Affirming the dismissal of a complaint for failure to establish essential elements of the asserted cause of action

  10. S.E.C. v. Merchant

    483 F.3d 747 (11th Cir. 2007)   Cited 127 times
    Holding that provisions requiring unanimous, for-cause removal made manager "effectively unremovable"

  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,845 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  12. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,297 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

  13. Section 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 708 times   260 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise