§Why CasetextPricing

SIVOLELLA v. AXA EQUITABLE LIFE INSURANCE COMPANY et al

REPLY to Response to Motion

45 Cited authorities

  1. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,653 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  2. Ali v. Fed. Bureau of Prisons

    552 U.S. 214 (2008)   Cited 759 times   2 Legal Analyses
    Holding a Bureau of Prisons guard is a "law enforcement officer" under the Federal Tort Claims Act

  3. Barnhart v. Sigmon Coal Co.

    534 U.S. 438 (2002)   Cited 840 times   2 Legal Analyses
    Holding that where Congress has listed some categories of people as to successor liability under 26 U.S.C. § 9706, those not included in the list are not liable because Congress could have included them "clearly and explicitly"

  4. Transamerica Mortgage Advisors, Inc. v. Lewis

    444 U.S. 11 (1979)   Cited 1,333 times   6 Legal Analyses
    Holding that Congress did not provide a private right of action for § 80b-6 because the statute expressly provided other means of enforcing compliance with its terms

  5. Mills v. Electric Auto-Lite

    396 U.S. 375 (1970)   Cited 1,404 times   7 Legal Analyses
    Holding that causation of damages by materially misleading proxy misstatement could be established by showing that proxy solicitation was an "essential link in the accomplishment of the transaction"

  6. Tex. Indus., Inc. v. Radcliff Materials, Inc.

    451 U.S. 630 (1981)   Cited 725 times   3 Legal Analyses
    Holding no right of contribution under Clayton and Sherman Acts

  7. 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”

  8. Reves v. Ernst Young

    494 U.S. 56 (1990)   Cited 438 times   72 Legal Analyses
    Holding "every note" is presumed to be a security

  9. Piper v. Chris-Craft Industries

    430 U.S. 1 (1977)   Cited 535 times   1 Legal Analyses
    Holding single statement in legislative history inadequate demonstration of congressional consent

  10. Gelman v. St. Farm Mut. Auto. Ins. Co.

    583 F.3d 187 (3d Cir. 2009)   Cited 445 times
    Exercising plenary or de novo review of an order granting a motion to dismiss for failure to state a claim

  11. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,532 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

  12. Section 80a-35 - Breach of fiduciary duty

    15 U.S.C. § 80a-35   Cited 310 times   6 Legal Analyses
    Imposing a “fiduciary duty with respect to the receipt of compensation for services, or of payments of a material nature ”

  13. Section 80a-2 - Definitions; applicability; rulemaking considerations

    15 U.S.C. § 80a-2   Cited 240 times   18 Legal Analyses
    Defining "interested person"

  14. Section 46 - Additional powers of Commission

    15 U.S.C. § 46   Cited 178 times   15 Legal Analyses
    Granting power to the F.T.C. to publicize certain information

  15. Section 80a-3 - Definition of investment company

    15 U.S.C. § 80a-3   Cited 120 times   28 Legal Analyses
    Excluding church plans from the definition of investment companies under the Investment Company Act of 1940

  16. Section 80a-43 - Jurisdiction of offenses and suits

    15 U.S.C. § 80a-43   Cited 57 times

    The district courts of the United States and the United States courts of any Territory or other place subject to the jurisdiction of the United States shall have jurisdiction of violations of this subchapter or the rules, regulations, or orders thereunder, and, concurrently with State and Territorial courts, of all suits in equity and actions at law brought to enforce any liability or duty created by, or to enjoin any violation of, this subchapter or the rules, regulations, or orders thereunder.

  17. Section 80a-41 - Enforcement of subchapter

    15 U.S.C. § 80a-41   Cited 56 times   1 Legal Analyses
    Authorizing SEC enforcement for violation of "any provision" of the ICA

  18. Section 80a-46 - Validity of contracts

    15 U.S.C. § 80a-46   Cited 48 times   1 Legal Analyses
    Providing a remedy in the event that "a contract described in paragraph has been performed"

  19. Section 80a-26 - Unit investment trusts

    15 U.S.C. § 80a-26   Cited 9 times
    In 15 U.S.C. § 80a-26(f)(2)(A), Congress again distinguished "services rendered" from "expenses": "[it is unlawful for certain parties to sell certain insurance contracts] unless the fees and charges deducted under the contract, in the aggregate, are reasonable in relation to the services rendered, the expenses expected to be incurred, and the risks assumed by the insurance company....

  20. Section 270.30e-2 - Reports to shareholders of unit investment trusts

    17 C.F.R. § 270.30e-2

    (a) At least semiannually every registered unit investment trust substantially all the assets of which consist of securities issued by a management company must transmit to each shareholder of record (including record holders of periodic payment plan certificates), a report containing all the applicable information and financial statements or their equivalent, required by § 270.30d-1 to be included in reports of the management company for the same fiscal period. Each of these reports must be transmitted