59 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 271,409 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,769 times 79 Legal Analyses
Holding that, while aiding and abetting is "an ancient criminal law doctrine," it is "at best uncertain in application" for tort liability
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,978 times 3 Legal Analyses
Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
Norris v. Hearst Trust
500 F.3d 454 (5th Cir. 2007) Cited 1,003 times 1 Legal Analyses
Holding plaintiffs lacked standing because they were "neither consumers nor competitors in the market attempted to be constrained"
R2 Investments LDC v. Phillips
401 F.3d 638 (5th Cir. 2005) Cited 742 times
Holding that circumstantial evidence of scienter must be greater where a clear motive for alleged misstatements or omissions is not alleged
Ernst Young v. Pacific Mutual Life Insurance
51 S.W.3d 573 (Tex. 2001) Cited 695 times 4 Legal Analyses
Holding that aiding and abetting liability could not attach where there was no principal offense
Herrmann Holdings Ltd. v. Lucent Technologies
302 F.3d 552 (5th Cir. 2002) Cited 529 times 1 Legal Analyses
Holding that a claim under Article 581-33A for an un-true promise of future performance requires proof that the defendant had no intention of performing the promise at the time it was made
G H Towing Co. v. Magee
54 Tex. Sup. Ct. J. 1751 (Tex. 2011) Cited 306 times
Holding that granting summary judgment on a claim not addressed in the summary judgment motion is generally reversible error, but that error may be harmless if the omitted claim is precluded as a matter of law by other grounds raised in the case
Tri v. J.T.T
162 S.W.3d 552 (Tex. 2005) Cited 351 times
Holding in a premises liability case that "[i]ndividual liability arises only when the officer or agent owes an independent duty of reasonable care to the injured party apart from the employer's duty."
Grant Thornton v. Prospect High Income Fund
314 S.W.3d 913 (Tex. 2010) Cited 261 times 3 Legal Analyses
Holding that accountant may be liable for negligent misrepresentations in corporate audit report relied on by investors
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 366,511 times 968 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 166,425 times 198 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,502 times 340 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 77r - Exemption from State regulation of securities offerings
15 U.S.C. § 77r Cited 204 times 9 Legal Analyses
Recognizing state authority to regulate offerings of securities that are completely intra-state
Section 581-4 - [Repealed]
Tex. Rev. Civ. Stat. art. 581-4 Cited 44 times
Providing that the term security "shall not apply to any . . . annuity contract . . . or any contract or agreement in relation to and in consequence of any such policy or contract"
Section 230.506 - Exemption for limited offers and sales without regard to dollar amount of offering
17 C.F.R. § 230.506 Cited 117 times 10 Legal Analyses
Providing specific rules under which an issuer can ensure a transaction is not a public offering

The Official Stanford Investors Committee et al v. Greenberg Traurig, LLP et al

59 Cited authorities

Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

Holding that, while aiding and abetting is "an ancient criminal law doctrine," it is "at best uncertain in application" for tort liability

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

Holding plaintiffs lacked standing because they were "neither consumers nor competitors in the market attempted to be constrained"

Holding that circumstantial evidence of scienter must be greater where a clear motive for alleged misstatements or omissions is not alleged

Holding that aiding and abetting liability could not attach where there was no principal offense

Holding that a claim under Article 581-33A for an un-true promise of future performance requires proof that the defendant had no intention of performing the promise at the time it was made

Holding that granting summary judgment on a claim not addressed in the summary judgment motion is generally reversible error, but that error may be harmless if the omitted claim is precluded as a matter of law by other grounds raised in the case

Holding in a premises liability case that "[i]ndividual liability arises only when the officer or agent owes an independent duty of reasonable care to the injured party apart from the employer's duty."

Holding that accountant may be liable for negligent misrepresentations in corporate audit report relied on by investors

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Recognizing state authority to regulate offerings of securities that are completely intra-state

Providing that the term security "shall not apply to any . . . annuity contract . . . or any contract or agreement in relation to and in consequence of any such policy or contract"

Providing specific rules under which an issuer can ensure a transaction is not a public offering