26 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 6,945 times   100 Legal Analyses
    Holding that a court may consider documents incorporated into the complaint by reference when ruling on a 12(b) motion
  3. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,303 times   36 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”
  4. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,118 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"
  5. Cuoco v. Moritsugu

    222 F.3d 99 (2d Cir. 2000)   Cited 3,044 times
    Holding that a pro se plaintiff should be "grant[ed] leave to amend at least once when a liberal reading of the complaint gives any indication that a valid claim might be stated" but leave to amend may be properly denied as "futile"
  6. Kassner v. 2nd Avenue Delicatessen Inc.

    496 F.3d 229 (2d Cir. 2007)   Cited 1,240 times   3 Legal Analyses
    Holding that amended complaint must be "sufficient to withstand a motion to dismiss under [Federal Rule of Civil Procedure] 12(b)"
  7. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,144 times   4 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  8. Merrill Lynch, Pierce, Fenner Smith v. Curran

    456 U.S. 353 (1982)   Cited 561 times
    Holding that congressional amendment of the Commodity Exchange Act that was silent on the subject of private judicial remedies did not overturn federal court decisions routinely and consistently recogniz[ing] an implied private cause of action"
  9. Schreiber v. Burlington Northern, Inc.

    472 U.S. 1 (1985)   Cited 133 times   1 Legal Analyses
    Holding that "manipulative" in the context of the SEA requires misrepresentation or nondisclosure
  10. GFL Advantage Fund, Ltd. v. Colkitt

    272 F.3d 189 (3d Cir. 2001)   Cited 111 times
    Holding that to prove fraud, the defendant must be "engaged in deceptive or manipulative conduct by injecting inaccurate information into the marketplace or creating a false impression of supply and demand for the security"
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 31,885 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  12. Section 9 - Prohibition regarding manipulation and false information

    7 U.S.C. § 9   Cited 234 times   66 Legal Analyses
    Authorizing the CFTC to seek to prohibit from future trading any person who "has willfully made any false or misleading statement of a material fact in any registration application or any report filed with the Commission"
  13. Section 13 - Violations generally; punishment; costs of prosecution

    7 U.S.C. § 13   Cited 207 times   9 Legal Analyses
    Making it a felony for any person "to manipulate or attempt to manipulate the price of any commodity in interstate commerce" or to "knowingly . . . deliver or cause to be delivered . . . false or misleading or knowingly inaccurate reports concerning crop or market information. . . ."