Ashcroft v. Iqbal

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

Tellabs v. Makor Issues Rights

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

Neder v. United States

Holding that the failure to submit an uncontested element of an offense to a jury may be harmless

ATSI Communications, Inc. v. Shaar Fund, Ltd.

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

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"

Cortec Indus., Inc. v. Sum Holding L.P.

Holding that "[w]here plaintiff has actual notice of all the information in the movant's papers and has relied upon these documents in framing the complaint the necessity of translating a Rule 12(b) motion into one under Rule 56 is largely dissipated" and affirming the district court's consideration of a stock purchase agreement, offering memorandum, and stock warrant that were "integral to [plaintiffs'] complaint"

Rombach v. Chang

Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

Novak v. Kasaks

Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false

Shields v. Citytrust Bancorp, Inc.

Holding factual assertions coupled with conclusory allegations that defendants "knew or should have known" or "knew but concealed" are "so broad and conclusory as to be meaningless"

Lentell v. Merrill Lynch Co., Inc.

Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

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 78j - Manipulative and deceptive devices

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Section 78t - Liability of controlling persons and persons who aid and abet violations

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"

Section 77q - Fraudulent interstate transactions

Prohibiting any practice "which operates . . . as a fraud"

Section 17 - Antitrust laws not applicable to labor organizations

Section 80b-6 - Prohibited transactions by investment advisers

Making it unlawful for investment advisers to, among other things, defraud their clients or prospective clients

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

Holding liable any person who "make any untrue statement of material fact"