41 Cited authorities

  1. 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
  2. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,859 times   34 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"
  3. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,517 times   69 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"
  4. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,724 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
  5. U.S. v. Bilzerian

    926 F.2d 1285 (2d Cir. 1991)   Cited 906 times   3 Legal Analyses
    Holding that while expert "may opine on an issue of fact within the jury's province," he "may not give testimony stating ultimate legal conclusions based on those facts"
  6. Santa Maria v. Pacific Bell

    202 F.3d 1170 (9th Cir. 2000)   Cited 581 times
    Holding that undisputed facts yield a legal question
  7. Desimone v. Barrows

    924 A.2d 908 (Del. Ch. 2007)   Cited 267 times   2 Legal Analyses
    Holding that allegations about extensive backdating of stock options did not support inference "that [the corporation's] internal controls were deficient, much less that the board, the Audit Committee, or [the corporation's] auditors had any reason to suspect that they were or that backdating was occurring"
  8. U.S. v. Berger

    473 F.3d 1080 (9th Cir. 2007)   Cited 120 times
    Holding that we review the "totality of the circumstances" and that no single factor is "talismanic"
  9. Ryan v. Gifford

    935 A.2d 258 (Del. Ch. 2007)   Cited 107 times   1 Legal Analyses
    Holding that complaint stated claim for breach of the duty of loyalty against CFO and vice president who knew about backdating but "kept silent"
  10. Boise Cascade Corp. v. U.S.E.P.A

    942 F.2d 1427 (9th Cir. 1991)   Cited 155 times
    Holding statutory interpretation should not render language superfluous
  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. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,411 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions
  14. 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
  15. Section 7243 - Forfeiture of certain bonuses and profits

    15 U.S.C. § 7243   Cited 74 times   8 Legal Analyses

    (a) Additional compensation prior to noncompliance with Commission financial reporting requirements If an issuer is required to prepare an accounting restatement due to the material noncompliance of the issuer, as a result of misconduct, with any financial reporting requirement under the securities laws, the chief executive officer and chief financial officer of the issuer shall reimburse the issuer for- (1) any bonus or other incentive-based or equity-based compensation received by that person from