Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,114 times 104 Legal AnalysesHolding 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 3,547 times 67 Legal AnalysesHolding 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”
Matrixx Initiatives, Inc. v. Siracusano
563 U.S. 2011 (2011) Cited 1,335 times 57 Legal AnalysesHolding that plaintiffs had adequately pled a Rule 10b–5 claim—where defendant had disputed the sufficiency of the allegations with respect to the elements of scienter and materiality—by alleging that defendant had forestalled a stock price drop by making affirmative statements confirming the market's impression that defendant's leading product was safe, despite defendant's awareness of evidence suggesting a significant risk that the nasal spray led to loss of sense of smell; when the risk was finally (belatedly) disclosed, the stock price plummeted
Basic Inc. v. Levinson
485 U.S. 224 (1988) Cited 3,345 times 307 Legal AnalysesHolding that the District Court appropriately certified the class based on the presumption of reliance
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,691 times 79 Legal AnalysesHolding that Section 10(b)’s private right of action does not include suits against aiders and abettors
Erica P. John Fund, Inc. v. Halliburton Co.
563 U.S. 804 (2011) Cited 748 times 54 Legal AnalysesHolding that a plaintiff need not prove loss causation in order to obtain class certification
Merck Co. v. Reynolds
559 U.S. 633 (2010) Cited 661 times 18 Legal AnalysesHolding that because no event preceding the critical date constituted "discovery" of facts necessary to bring the complaint, the plaintiffs' suit was timely
Janus Capital Group Inc. v. First Derivative Traders
564 U.S. 135 (2011) Cited 567 times 104 Legal AnalysesHolding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,113 times 162 Legal AnalysesHolding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Herman MacLean v. Huddleston
459 U.S. 375 (1983) Cited 1,311 times 11 Legal AnalysesHolding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,449 times 922 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 90,400 times 91 Legal AnalysesFinding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,889 times 316 Legal AnalysesPermitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,889 times 1234 Legal AnalysesHolding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,499 times 165 Legal AnalysesGranting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,460 times 48 Legal AnalysesGranting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 78t - Liability of controlling persons and persons who aid and abet violations
15 U.S.C. § 78t Cited 3,981 times 20 Legal AnalysesHolding 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 2,113 times 85 Legal AnalysesHolding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
Section 77m - Limitation of actions
15 U.S.C. § 77m Cited 954 times 29 Legal AnalysesEstablishing a one-year statute of limitations for §§ 11 and 12 claims which begins to run upon "the discovery of the untrue statement or omission, or after such discovery should have been made by the exercise of reasonable diligence"
Section 77l - Civil liabilities arising in connection with prospectuses and communications
15 U.S.C. § 77l Cited 823 times 22 Legal AnalysesAuthorizing relief if the offering documents contain just one untrue statement of material fact
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,193 times 133 Legal AnalysesHolding liable any person who "make any untrue statement of material fact"
Section 230.405 - [Effective 7/1/2024] Definitions of terms
17 C.F.R. § 230.405 Cited 351 times 12 Legal AnalysesDefining control the same way