48 Cited authorities

Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (1986) Cited 237,092 times 38 Legal Analyses
Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 217,065 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
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
Ernst Ernst v. Hochfelder
425 U.S. 185 (1976) Cited 3,488 times 39 Legal Analyses
Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
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"
Affiliated Ute Citizens v. United States
406 U.S. 128 (1972) Cited 1,628 times 34 Legal Analyses
Holding bank jointly and severally liable with its employees, without explanation
Securities v. Zandford
535 U.S. 813 (2002) Cited 522 times 17 Legal Analyses
Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered
Forsyth v. Barr
19 F.3d 1527 (5th Cir. 1994) Cited 2,764 times
Holding that plaintiffs, asserting violations of § 2511, had not produced "evidence sufficient to demonstrate the existence of a material fact issue on whether the appellees intentionally intercepted their conversations"
Aaron v. Securities & Exchange Commission
446 U.S. 680 (1980) Cited 781 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
United Housing Foundation, Inc. v. Forman
421 U.S. 837 (1975) Cited 765 times 40 Legal Analyses
Holding that a security does not exist “where [a consumer] purchases a commodity for personal consumption or living quarters for personal use”
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 348,416 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,994 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,536 times 165 Legal Analyses
Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,098 times 17 Legal Analyses
Permitting the use of declarations instead
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 3,989 times 20 Legal Analyses
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
15 U.S.C. § 77q Cited 3,315 times 38 Legal Analyses
Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security
Section 78c - Definitions and application
15 U.S.C. § 78c Cited 1,671 times 88 Legal Analyses
Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934
Section 77b - Definitions; promotion of efficiency, competition, and capital formation
15 U.S.C. § 77b Cited 1,407 times 27 Legal Analyses
Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,226 times 134 Legal Analyses
Holding liable any person who "make any untrue statement of material fact"

Securities And Exchange Commission v. Sethi Petroleum Llc et al

48 Cited authorities

Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

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

Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

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"

Holding bank jointly and severally liable with its employees, without explanation

Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered

Holding that plaintiffs, asserting violations of § 2511, had not produced "evidence sufficient to demonstrate the existence of a material fact issue on whether the appellees intentionally intercepted their conversations"

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

Holding that a security does not exist “where [a consumer] purchases a commodity for personal consumption or living quarters for personal use”

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

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

Permitting the use of declarations instead

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"

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

Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934

Instructing the SEC to consider, "in addition to the protection of investors, whether the action will promote efficiency, competition, and capital formation"

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