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Securities and Exchange Commission v. Falcone et al

MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss the Complaint.. Document

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 times   280 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 268,865 times   367 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. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,897 times   6 Legal Analyses
    Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

  4. DiFolco v. MSNBC Cable L.L.C.

    622 F.3d 104 (2d Cir. 2010)   Cited 2,399 times
    Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"

  5. Hayden v. Paterson

    594 F.3d 150 (2d Cir. 2010)   Cited 1,635 times
    Holding that the race-neutral reenactment of a state constitution's felon disenfranchisement provision erased the discriminatory taint of earlier enactments

  6. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,391 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

  7. Lerner v. Fleet Bank, N.A.

    459 F.3d 273 (2d Cir. 2006)   Cited 1,193 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"

  8. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,823 times   5 Legal Analyses
    Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

  9. ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.

    553 F.3d 187 (2d Cir. 2009)   Cited 913 times   2 Legal Analyses
    Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality

  10. Wilson v. Merrill Lynch & Co.

    671 F.3d 120 (2d Cir. 2011)   Cited 468 times   5 Legal Analyses
    Upholding district court's decision to deny leave to amend where plaintiff “never indicated ... how further amendment would permit him to cure the deficiencies in the complaint.”

  11. Section 78o - Registration and regulation of brokers and dealers

    15 U.S.C. § 78o   Cited 992 times   54 Legal Analyses
    Requiring broker-dealers to be FINRA members

  12. Section 242.203 - Borrowing and delivery requirements

    17 C.F.R. § 242.203   Cited 12 times   4 Legal Analyses
    Requiring that a broker borrow the securities or have reasonable grounds to believe that the securities can be borrowed before accepting an order from a short seller