53 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 times   367 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' "
  2. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,313 times   11 Legal Analyses
    Holding 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
  3. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,827 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"
  4. Pinter v. Dahl

    486 U.S. 622 (1988)   Cited 862 times   15 Legal Analyses
    Holding that only a statutory "seller" may be liable under § 12 of Securities Act
  5. Rombach v. Chang

    355 F.3d 164 (2d Cir. 2004)   Cited 1,399 times   5 Legal Analyses
    Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
  6. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,292 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim
  7. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 1,006 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"
  8. Burch v. Pioneer Credit Recovery

    551 F.3d 122 (2d Cir. 2008)   Cited 722 times
    Finding company that provided collection services for three federal agencies was not an agency of the United States government for purposes of the Privacy Act
  9. In re Westinghouse Securities Litigation

    90 F.3d 696 (3d Cir. 1996)   Cited 985 times   1 Legal Analyses
    Holding that district court did not abuse its discretion when it dismissed complaint with prejudice following plaintiff's decision not to amend
  10. Goldstein v. Pataki

    516 F.3d 50 (2d Cir. 2008)   Cited 514 times
    Holding that "at a bare minimum, the operative standard requires the plaintiff [to] provide the grounds upon which his claim rests through factual allegations sufficient to raise a right to relief above the speculative level"
  11. 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 349,819 times   936 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,116 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing
  14. Section 77l - Civil liabilities arising in connection with prospectuses and communications

    15 U.S.C. § 77l   Cited 826 times   22 Legal Analyses
    Authorizing relief if the offering documents contain just one untrue statement of material fact