60 Cited authorities

Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,114 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,547 times 67 Legal Analyses
Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
Chiarella v. United States
445 U.S. 222 (1980) Cited 978 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 1,189 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"
Shields v. Citytrust Bancorp, Inc.
25 F.3d 1124 (2d Cir. 1994) Cited 1,810 times 5 Legal Analyses
Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"
Rothman v. Gregor
220 F.3d 81 (2d Cir. 2000) Cited 1,322 times 1 Legal Analyses
Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )
Kalnit v. Eichler
264 F.3d 131 (2d Cir. 2001) Cited 844 times 1 Legal Analyses
Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”
Holmberg v. Armbrecht
327 U.S. 392 (1946) Cited 1,357 times 2 Legal Analyses
Holding that Erie does not require federal courts to apply state tolling doctrines to federal causes of action
In re Advanta Corp. Securities Litigation
180 F.3d 525 (3d Cir. 1999) Cited 633 times
Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."
Chill v. General Electric Company
101 F.3d 263 (2d Cir. 1996) Cited 650 times 2 Legal Analyses
Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"
Section 80b-9 - Enforcement of subchapter
15 U.S.C. § 80b-9 Cited 212 times 1 Legal Analyses
Authorizing the SEC to seek injunctive relief against violations of the Act

Securities and Exchange Commission v. Gabelli et al

60 Cited authorities

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

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 cannot be "base[d] . . . on speculation and conclusory allegations"

Holding that "the date of the filing of the motion to amend constitutes the date the action was commenced for statute of limitations purposes" when "the plaintiff seeks to add a new defendant" (quoting Nw. Nat’l Ins. Co. v. Alberts , 769 F. Supp. 498, 510 (S.D.N.Y.1991) )

Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”

Holding that Erie does not require federal courts to apply state tolling doctrines to federal causes of action

Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."

Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"

Authorizing the SEC to seek injunctive relief against violations of the Act