§Why CasetextPricing

Securities And Exchange Commission v. Imran Husain et al

NOTICE OF MOTION AND MOTION to Dismiss Case Complaint Pursuant to Fed.R.Civ.P. 12

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,615 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”

  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,322 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  5. Gabelli v. Sec. & Exch. Comm'n

    568 U.S. 442 (2013)   Cited 335 times   96 Legal Analyses
    Holding that statute of limitations for SEC enforcement actions begins when fraudulent action occurs

  6. Clegg v. Cult Awareness Network

    18 F.3d 752 (9th Cir. 1994)   Cited 1,869 times
    Holding that a national organization was not sufficiently connected to a "place" open to the public

  7. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,267 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"

  8. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,386 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

  9. Reddy v. Litton Industries, Inc.

    912 F.2d 291 (9th Cir. 1990)   Cited 1,067 times
    Holding that employee fired for refusing to participate in cover-up of illegal scheme lacked standing to assert civil RICO claim against employer

  10. Chill v. General Electric Company

    101 F.3d 263 (2d Cir. 1996)   Cited 655 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"

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. 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. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,880 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,720 times   166 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  15. 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"

  16. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,398 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

  17. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,369 times   86 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act

  18. Section 77 - Discrimination against neutral Americans in time of war

    15 U.S.C. § 77   Cited 1,812 times   12 Legal Analyses
    Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"

  19. Section 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 717 times   262 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise

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

    17 C.F.R. § 240.10b-5   Cited 9,339 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"