§Why CasetextPricing

St. Cyr v. Teaford et al

MOTION TO DISMISS 57 Amended Complaint, FOR FAILURE TO STATE A CLAIM

16 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,228 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,597 times   368 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

  3. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,508 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. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,318 times   11 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

  5. Roth v. Jennings

    489 F.3d 499 (2d Cir. 2007)   Cited 1,421 times
    Holding that dismissal of a Section 16 suit for disgorgement of short-swing profits was unjustified when there were allegations that a loan had been made to a borrower in furtherance of an agreement between the lender and the borrower "to work together to effect a change of control or similar transaction involving [the company whose shares were purchased with the borrowed money]"

  6. Shalala v. Guernsey Memorial Hospital

    514 U.S. 87 (1995)   Cited 431 times   8 Legal Analyses
    Holding that interpretive rules, which are not subject to the notice and comment procedure, are not accorded the weight that regulations are given

  7. IN RE DONALD J. TRUMP CASINO SECURITIES LIT

    7 F.3d 357 (3d Cir. 1993)   Cited 517 times   4 Legal Analyses
    Holding an omitted fact is material if there is "substantial likelihood that a reasonable [investor] would consider it important in deciding how to act"

  8. In re Global Crossing, Ltd.

    322 F. Supp. 2d 319 (S.D.N.Y. 2004)   Cited 159 times   1 Legal Analyses
    Holding that in the absence of a "primary violation" of the Exchange Act by the controlled entity, there can be no "control person" liability

  9. In re Countrywide Financial Corp. Securities Litigation

    588 F. Supp. 2d 1132 (C.D. Cal. 2008)   Cited 108 times   2 Legal Analyses
    Holding complaint persuasively alleges that "systematic changes in Countrywide came from the top down and pervaded virtually every office" because directors and officers allegedly were regularly provided "detailed exception statistics"

  10. Ho v. Duoyuan Global Water, Inc.

    887 F. Supp. 2d 547 (S.D.N.Y. 2012)   Cited 58 times   2 Legal Analyses
    Finding that a suspiciously timed resignation added to the inference of scienter

  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 355,433 times   943 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 160,848 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 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,123 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing