68 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 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"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,065 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"
  3. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,355 times   308 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance
  4. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,488 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
  5. Heckler v. Community Health Services

    467 U.S. 51 (1984)   Cited 1,277 times   2 Legal Analyses
    Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations
  6. Forsyth v. Barr

    19 F.3d 1527 (5th Cir. 1994)   Cited 2,764 times
    Holding that plaintiffs, asserting violations of § 2511, had not produced "evidence sufficient to demonstrate the existence of a material fact issue on whether the appellees intentionally intercepted their conversations"
  7. Aaron v. Securities & Exchange Commission

    446 U.S. 680 (1980)   Cited 781 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. United Housing Foundation, Inc. v. Forman

    421 U.S. 837 (1975)   Cited 765 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”
  9. Williamson v. Tucker

    645 F.2d 404 (5th Cir. 1981)   Cited 2,608 times   5 Legal Analyses
    Holding that experience on the Frito-Lay board was "business experience and knowledge adequate to the exercise of partnership powers in a real estate joint venture."
  10. Hanon v. Dataproducts Corp.

    976 F.2d 497 (9th Cir. 1992)   Cited 1,623 times   1 Legal Analyses
    Holding that the defendants' statements emphasizing superior quality were material because "a reasonable jury could conclude that [the company] publicly released optimistic statements ... when it knew [its product] could not be built reliably"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,536 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
  13. Section 77e - Prohibitions relating to interstate commerce and the mails

    15 U.S.C. § 77e   Cited 1,859 times   25 Legal Analyses
    Requiring registration statement before selling securities
  14. Section 78c - Definitions and application

    15 U.S.C. § 78c   Cited 1,671 times   88 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 1,407 times   27 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 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 711 times   262 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise
  17. Section 77d - Exempted transactions

    15 U.S.C. § 77d   Cited 468 times   9 Legal Analyses
    Exempting "transactions by an issuer not involving any public offering"
  18. Section 77c - Classes of securities under this subchapter

    15 U.S.C. § 77c   Cited 388 times   2 Legal Analyses
    Exempting state-issued securities from federal securities laws
  19. Section 78z - Unlawful representations

    15 U.S.C. § 78z   Cited 14 times

    No action or failure to act by the Commission or the Board of Governors of the Federal Reserve System, in the administration of this chapter shall be construed to mean that the particular authority has in any way passed upon the merits of, or given approval to, any security or any transaction or transactions therein, nor shall such action or failure to act with regard to any statement or report filed with or examined by such authority pursuant to this chapter or rules and regulations thereunder,

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

    17 C.F.R. § 240.10b-5   Cited 9,226 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"
  21. Section 230.506 - Exemption for limited offers and sales without regard to dollar amount of offering

    17 C.F.R. § 230.506   Cited 108 times   10 Legal Analyses
    Providing specific rules under which an issuer can ensure a transaction is not a public offering
  22. Section 230.504 - Exemption for limited offerings and sales of securities not exceeding $10,000,000

    17 C.F.R. § 230.504   Cited 30 times   3 Legal Analyses
    Providing an exemption for transactions that meet the requirements of Rule 504(b)– from the resale restrictions imposed by 17 C.F.R. § 230.502(d)
  23. Section 230.505 - Reserved

    17 C.F.R. § 230.505   Cited 15 times   3 Legal Analyses
    Exempting offers for up to five million dollars sold to a limited number of purchasers