Basic Inc. v. Levinson

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

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"

Vess v. Ciba-Geigy Corp. USA

Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

Galbraith v. County of Santa Clara

Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim

Securities v. Zandford

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

Branch v. Tunnell

Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"

In re Glenfed, Inc. Securities Litigation

Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

Western Min. Council v. Watt

Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

Moore v. Kayport Package Exp., Inc.

Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"

Parrino v. FHP, Inc.

Holding that the district court properly considered documents attached to a motion to dismiss that described the terms of plaintiff's group health insurance plan, where plaintiff alleged membership in the plan, his claims depended on the conditions described in the documents, and plaintiff never disputed their authenticity

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 201 - Judicial Notice of Adjudicative Facts

Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

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 77q - Fraudulent interstate transactions

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

Section 77 - Discrimination against neutral Americans in time of war

Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"

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 11 - Forfeiture of property in transit