87 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 times 369 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
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,448 times 105 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 3,615 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”
Sedima, S.P.R.L. v. Imrex Co.
473 U.S. 479 (1985) Cited 4,272 times 7 Legal Analyses
Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,739 times 79 Legal Analyses
Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors
Reves v. Ernst Young
507 U.S. 170 (1993) Cited 1,433 times 1 Legal Analyses
Holding that the defendant "participates" if he "directs" the pattern of racketeering activity
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,986 times 6 Legal Analyses
Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"
Blue Chip Stamps v. Manor Drug Stores
421 U.S. 723 (1975) Cited 2,083 times 28 Legal Analyses
Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5
Affiliated Ute Citizens v. United States
406 U.S. 128 (1972) Cited 1,638 times 35 Legal Analyses
Holding bank jointly and severally liable with its employees, without explanation
Iqbal v. Hasty
490 F.3d 143 (2d Cir. 2007) Cited 1,837 times 1 Legal Analyses
Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1962 - Prohibited activities
18 U.S.C. § 1962 Cited 16,178 times 61 Legal Analyses
Specifying prohibited activities
Section 1344 - Bank fraud
18 U.S.C. § 1344 Cited 5,050 times 60 Legal Analyses
Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 4,052 times 20 Legal Analyses
Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"
Section 77k - Civil liabilities on account of false registration statement
15 U.S.C. § 77k Cited 2,131 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

Thomas H. Lee Equity Fund V, L.P. et al v. Mayer, Brown, Rowe & Maw L.L.P.

87 Cited authorities

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

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 the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

Holding that the defendant "participates" if he "directs" the pattern of racketeering activity

Holding that because "a plaintiff must show . . . a primary violation by the controlled person" in order to "establish a prima facie case of control[-]person liability," a plaintiff who "fails to allege any primary violation . . . cannot establish control[-]person liability"

Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5

Holding bank jointly and severally liable with its employees, without explanation

Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

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

Specifying prohibited activities

Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing