Bell Atl. Corp. v. Twombly

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

Tellabs v. Makor Issues Rights

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

Conley v. Gibson

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Basic Inc. v. Levinson

Holding that the District Court appropriately certified the class based on the presumption of reliance

TSC Industries, Inc. v. Northway, Inc.

Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

Galbraith v. County of Santa Clara

Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim

Cahill v. Liberty Mut. Ins. Co.

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Branch v. Tunnell

Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"

Sparling v. Daou

Holding that scienter is an element of § 10(b) claim

In re Glenfed, Inc. Securities Litigation

Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Rule 9 - Pleading Special Matters

Requiring that fraud be pleaded with particularity

Section 77q - Fraudulent interstate transactions

Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security

Section 78n - Proxies

Incorporating § 78m(d) by reference

Section 78m - Periodical and other reports

Authorizing Commission to adopt disclosure requirements for certain repurchases of securities by issuer

Section 2462 - Time for commencing proceedings

Allowing exception to five-year limitations period where Congress has provided otherwise

Section 7243 - Forfeiture of certain bonuses and profits

Section 240.14a-9 - False or misleading statements

Stating that a proxy statement shall not "contain any statement which, at the time and in the light of the circumstances under which it is made, is false or misleading with respect to any material fact, or which omits to state any material fact necessary in order to make the statements therein not false or misleading"

Section 240.12b-20 - Additional information

Requiring reports to include information "as may be necessary to make the required statements . . . not misleading"

Section 240.13b2-1 - Falsification of accounting records

Prohibiting persons from directly or indirectly falsifying or causing the falsification of any book or record

Section 240.13b2-2 - Representations and conduct in connection with the preparation of required reports and documents

Making false statements to auditors

Section 240.13a-1 - Requirements of annual reports

Requiring annual reports to be filed

Section 210.4-01 - Form, order, and terminology

Incorporating GAAP into SEC disclosure requirements

Section 240.13a-13 - Quarterly reports on Form 10-Q ( Section 249.308a of this chapter)

Exempting information on Part I of Form 10-Q

Section 240.13a-14 - Certification of disclosure in annual and quarterly reports

Requiring certification by the "principal executive and principle financial officer of the issuer" for 10-Qs and 10-Ks