88 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 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' "
  3. Hartford Underwriters Ins. Co. v. Unionplanters Bank

    530 U.S. 1 (2000)   Cited 1,254 times   7 Legal Analyses
    Holding that § 1109(b) was "by its terms inapplicable" in case which had been "converted from Chapter 11 to Chapter 7"
  4. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,662 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
  5. Ruotolo v. City of N.Y

    514 F.3d 184 (2d Cir. 2008)   Cited 2,104 times   3 Legal Analyses
    Holding that a party seeking to amend pursuant to a Rule 59 or Rule 60 motion "must first have the judgment vacated or set aside" under those Rules
  6. Xiao Ji Chen v. United States Department of Justice

    471 F.3d 315 (2d Cir. 2006)   Cited 2,048 times
    Holding that determination of the weight of evidence is largely a matter of agency discretion
  7. Key Tronic Corp. v. United States

    511 U.S. 809 (1994)   Cited 592 times   1 Legal Analyses
    Holding that “the award of monetary damages ... to fund a future clean-up of ... property violate CERCLA” because § 113(g) provides that under § 107 the remedy for future response costs is a declaratory judgment
  8. Schindler Elevator v. U.S. ex Rel. Kirk

    563 U.S. 401 (2011)   Cited 340 times   11 Legal Analyses
    Holding that the relator stated an FCA claim where the contractor “filed false ... reports, necessarily knowing that they were false because [it] in fact had no mechanism in place to identify covered [individuals]. It did so in order to procure contracts and obtain payment under existing contracts, as it could do neither without filing the reports.”
  9. Novak v. Kasaks

    216 F.3d 300 (2d Cir. 2000)   Cited 1,598 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
  10. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,389 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,956 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,510 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
  13. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 3,984 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"
  14. Section 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 3,304 times   38 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security
  15. Section 78c - Definitions and application

    15 U.S.C. § 78c   Cited 1,666 times   87 Legal Analyses
    Exempting certain "note" with maturities of less than nine months from the definition of "security" under the Securities Exchange Act of 1934
  16. Section 77t - Injunctions and prosecution of offenses

    15 U.S.C. § 77t   Cited 1,410 times   13 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Securities Act
  17. Section 78m - Periodical and other reports

    15 U.S.C. § 78m   Cited 1,203 times   82 Legal Analyses
    Authorizing Commission to adopt disclosure requirements for certain repurchases of securities by issuer
  18. Section 77c - Classes of securities under this subchapter

    15 U.S.C. § 77c   Cited 388 times   2 Legal Analyses
    Exempting state-issued securities from federal securities laws
  19. Section 1723a - General powers of Government National Mortgage Association and Federal National Mortgage Association

    12 U.S.C. § 1723a   Cited 155 times   5 Legal Analyses
    Granting Fannie Mae power to "lease purchase, or acquire any property, real personal, or mixed" and to "do all things as are necessary or incidental to the proper management of its affairs and to the proper conduct of its business"
  20. Section 1716 - Declaration of purposes of subchapter

    12 U.S.C. § 1716   Cited 152 times
    Limiting Fannie Mae’s purpose to the secondary market for residential mortgages
  21. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,201 times   134 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"
  22. Section 81.12 - Low- and Moderate-Income Housing Goal

    24 C.F.R. § 81.12

    (a)Purpose of goal. This annual goal for the purchase by each GSE of mortgages on housing for low- and moderate-income families ("the Low- and Moderate-Income Housing Goal") is intended to achieve increased purchases by the GSEs of such mortgages. (b)Factors. In establishing the Low- and Moderate-Income Housing Goals, the Secretary considered the factors in 12 U.S.C. 4562(b) . A statement documenting HUD's considerations and findings with respect to these factors, entitled "Departmental Considerations