52 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,121 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,550 times 67 Legal Analyses
Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”
Phillips v. County of Allegheny
515 F.3d 224 (3d Cir. 2008) Cited 16,825 times 2 Legal Analyses
Holding that a district court need not permit a curative amendment if such amendment would be futile
Matrixx Initiatives, Inc. v. Siracusano
563 U.S. 2011 (2011) Cited 1,338 times 57 Legal Analyses
Holding that plaintiffs had adequately pled a Rule 10b–5 claim—where defendant had disputed the sufficiency of the allegations with respect to the elements of scienter and materiality—by alleging that defendant had forestalled a stock price drop by making affirmative statements confirming the market's impression that defendant's leading product was safe, despite defendant's awareness of evidence suggesting a significant risk that the nasal spray led to loss of sense of smell; when the risk was finally (belatedly) disclosed, the stock price plummeted
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,651 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Merck Co. v. Reynolds
559 U.S. 633 (2010) Cited 661 times 18 Legal Analyses
Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely
Lormand v. US Unwired, Inc.
565 F.3d 228 (5th Cir. 2009) Cited 2,079 times 1 Legal Analyses
Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"
Novak v. Kasaks
216 F.3d 300 (2d Cir. 2000) Cited 1,597 times 9 Legal Analyses
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
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,557 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,931 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,465 times 48 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress
28 U.S.C. § 1658 Cited 2,375 times 41 Legal Analyses
Holding that the state-law tort period controls § 1983 actions

SUN v. HAN et al

52 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

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

Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

Holding that a district court need not permit a curative amendment if such amendment would be futile

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely

Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"

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

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Holding that the state-law tort period controls § 1983 actions