31 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,689 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 265,662 times 364 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' "
Harris v. Mills
572 F.3d 66 (2d Cir. 2009) Cited 6,496 times
Holding that notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process
ATSI Communications, Inc. v. Shaar Fund, Ltd.
493 F.3d 87 (2d Cir. 2007) Cited 3,871 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"
Hayden v. Paterson
594 F.3d 150 (2d Cir. 2010) Cited 1,624 times
Holding that the race-neutral reenactment of a state constitution's felon disenfranchisement provision erased the discriminatory taint of earlier enactments
Merrill Lynch, Pierce, Fenner Smith v. Curran
456 U.S. 353 (1982) Cited 570 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"
Ganino v. Citizens Utilities Co.
228 F.3d 154 (2d Cir. 2000) Cited 959 times 2 Legal Analyses
Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test
U.S. v. Socony-Vacuum Oil Co.
310 U.S. 150 (1940) Cited 1,760 times 4 Legal Analyses
Holding counsel "cannot as a rule remain silent, interpose no objections, and after a verdict has been returned seize for the first time on the point that the comments to the jury were improper and prejudicial"
Pepsico, Inc. v. Coca-Cola Co.
315 F.3d 101 (2d Cir. 2002) Cited 659 times
Holding that the plaintiff had failed to provide sufficient evidence of market power where the defendant had only a 64 percent market share
Dunn v. Commodity Futures Trading Comm'n
519 U.S. 465 (1997) Cited 116 times
Rejecting an interpretation of the Treasury Amendment that would have left it "without any significant effect at all" because "legislative enactments should not be construed to render their provisions mere surplusage."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,845 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 2 - Jurisdiction of Commission; liability of principal for act of agent; Commodity Futures Trading Commission; transaction in interstate commerce
7 U.S.C. § 2 Cited 511 times 54 Legal Analyses
Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission
Section 6 - Regulation of futures trading and foreign transactions
7 U.S.C. § 6 Cited 264 times 12 Legal Analyses
Prohibiting futures trades outside contract markets
Section 6a - Excessive speculation
7 U.S.C. § 6a Cited 42 times 6 Legal Analyses
Stating that CFTC has authority to proclaim and fix position limits “from time to time” “as the Commission finds are necessary to diminish, eliminate, or prevent [excessive speculation].”
Section 1.1 - Reserved
17 C.F.R. § 1.1 Cited 107 times
17 C.F.R. §1.1

U.S. Commodity Futures Trading Commission v. Parnon Energy Inc. et al

31 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 notice and opportunity to be heard before deprivation of constitutionally protected interest coupled with Article 78 post-deprivation remedy satisfied due process

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"

Holding that the race-neutral reenactment of a state constitution's felon disenfranchisement provision erased the discriminatory taint of earlier enactments

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"

Holding on the basis of Staff Accounting Bulletin No. 99 that "numerical benchmark" are informative but not the "exclusive" test

Holding counsel "cannot as a rule remain silent, interpose no objections, and after a verdict has been returned seize for the first time on the point that the comments to the jury were improper and prejudicial"

Holding that the plaintiff had failed to provide sufficient evidence of market power where the defendant had only a 64 percent market share

Rejecting an interpretation of the Treasury Amendment that would have left it "without any significant effect at all" because "legislative enactments should not be construed to render their provisions mere surplusage."

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

Adopting respondeat superior principles for regulatory actions brought by the Commodity Exchange Commission

Prohibiting futures trades outside contract markets

Stating that CFTC has authority to proclaim and fix position limits “from time to time” “as the Commission finds are necessary to diminish, eliminate, or prevent [excessive speculation].”