U.S. Commodity Futures Trading Commission v. Parnon Energy Inc. et al
MEMORANDUM & ORDER denying 40 Motion to Dismiss. For the reasons set forth in this Order, Defendants' motion to dismiss is denied. The Clerk of the Court is directed to terminate the motion pending at ECF No. 40.
550 U.S. 544 (2007) Cited 266,259 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' "
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"
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"
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."
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].”