18 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,896 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,933 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
Janus Capital Group Inc. v. First Derivative Traders
564 U.S. 135 (2011) Cited 588 times 104 Legal Analyses
Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”
Aaron v. Securities & Exchange Commission
446 U.S. 680 (1980) Cited 790 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
Maher v. Durango Metals, Inc.
144 F.3d 1302 (10th Cir. 1998) Cited 413 times 1 Legal Analyses
Holding that, in order to establish control person liability under § 20 of the Act, plaintiff must establish primary violation of securities laws
Grossman v. Novell, Inc.
120 F.3d 1112 (10th Cir. 1997) Cited 376 times
Holding that a company's general claims that it offered "a compelling set of opportunities" and had "experienced substantial success" were "soft, puffing statements, incapable of objective verification" for purposes of 15 U.S.C. § 78j(b)
Adams v. Kinder-Morgan, Inc.
340 F.3d 1083 (10th Cir. 2003) Cited 244 times 3 Legal Analyses
Holding that in the context of fraud, "[t]he scienter of the senior controlling officers of a corporation may be attributed to the corporation itself to establish liability"
Stransky v. Cummins Engine Co., Inc.
51 F.3d 1329 (7th Cir. 1995) Cited 293 times 1 Legal Analyses
Holding that “when presented with a motion to dismiss, the non-moving party must proffer some legal basis to support his cause of action”
City of Philadelphia v. Fleming Companies
264 F.3d 1245 (10th Cir. 2001) Cited 235 times 1 Legal Analyses
Holding that, only where allegations of GAAP violations are coupled with evidence of the defendant's fraudulent intent to mislead investors, may such allegations be sufficient to state a claim
Sec. & Exch. Comm'n v. Kelly
817 F. Supp. 2d 340 (S.D.N.Y. 2011) Cited 94 times 10 Legal Analyses
Holding that Janus does apply to a case brought under Section 17
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 361,619 times 960 Legal Analyses
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
Fed. R. Civ. P. 8 Cited 163,952 times 197 Legal Analyses
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
Fed. R. Civ. P. 9 Cited 40,136 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity

Securities and Exchange Commission v. Lester et al

18 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

Holding that scienter is an element of Section 10(b), Rule 10b-5, and Section 17, but not Section 17 or

Holding that, in order to establish control person liability under § 20 of the Act, plaintiff must establish primary violation of securities laws

Holding that a company's general claims that it offered "a compelling set of opportunities" and had "experienced substantial success" were "soft, puffing statements, incapable of objective verification" for purposes of 15 U.S.C. § 78j(b)

Holding that in the context of fraud, "[t]he scienter of the senior controlling officers of a corporation may be attributed to the corporation itself to establish liability"

Holding that “when presented with a motion to dismiss, the non-moving party must proffer some legal basis to support his cause of action”

Holding that, only where allegations of GAAP violations are coupled with evidence of the defendant's fraudulent intent to mislead investors, may such allegations be sufficient to state a claim

Holding that Janus does apply to a case brought under Section 17

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

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

Requiring that fraud be pleaded with particularity