§Why CasetextPricing

Securities and Exchange Commission v. Manouchehr Moshayedi

REPLY in Support of MOTION IN LIMINE

45 Cited authorities

  1. Jackson v. Virginia

    443 U.S. 307 (1979)   Cited 77,851 times   16 Legal Analyses
    Holding that courts conducting review of the sufficiency of the evidence to support a criminal conviction should view the "evidence in the light most favorable to the prosecution"

  2. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 26,433 times   228 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  3. Kumho Tire Co. v. Carmichael

    526 U.S. 137 (1999)   Cited 12,683 times   30 Legal Analyses
    Holding that the Daubert gatekeeping standard applies not only to "scientific testimony" but also to "all expert testimony"

  4. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,355 times   308 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  5. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,484 times   67 Legal Analyses
    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"

  6. Yeti by Molly Ltd. v. Deckers Outdoor Corp.

    259 F.3d 1101 (9th Cir. 2001)   Cited 1,338 times
    Holding that the burden to show substantial justification or harmlessness is on the party who made the late disclosure

  7. Wong v. Regents of University of California

    410 F.3d 1052 (9th Cir. 2004)   Cited 629 times
    Holding that the district court did not abuse its discretion by excluding expert witness testimony where plaintiff failed to timely identify the witness "without substantial justification"

  8. U.S. v. Garcia

    413 F.3d 201 (2d Cir. 2005)   Cited 444 times   3 Legal Analyses
    Holding that a district court abused its discretion in admitting a police officer's opinion "reached in the course of his investigation" as lay testimony, because, although the officer may have personally investigated the conspiracy in question, he based his opinion of the facts he observed on "his specialized training and experience"

  9. U.S. v. Hill

    643 F.3d 807 (11th Cir. 2011)   Cited 265 times   2 Legal Analyses
    Holding a prima facie Batson claim must be supported by something more than statistics; it must also be premised on facts showing a reasonable inference of racial discrimination in the use of peremptory challenges

  10. Nationwide Transp. Fin. v. Cass Info. Sys., Inc.

    523 F.3d 1051 (9th Cir. 2008)   Cited 290 times   1 Legal Analyses
    Holding that there is no support for Nationwide's argument "that a district court per se abuses its discretion when it excludes testimony instructing the jury on legal issues"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,836 times   658 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,819 times   259 Legal Analyses
    Adopting the Daubert standard

  14. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,754 times   26 Legal Analyses
    Requiring lay opinion testimony to be "rationally based on the witness's perception"

  15. Section 16 - Discovery and Inspection

    Fed. R. Crim. P. 16   Cited 4,211 times   2 Legal Analyses
    Granting defendant right to inspect all documents, data in government's possession that are "material to preparing the defense"