ness of guilt theory in a civil case. They cite a Second Circuit criminal case in which the defendant was a man na

stead, the courts simply cited to language from a Second Circuit decision that stated that the CVRA does not give

stead, the courts simply cited to language from a Second Circuit decision that stated that the CVRA does not give

very least, discovery should be ordered circumspectly and only to verify allega- tions of specific facts crucial to an immuni- ty determination.”)). The Second Circuit has instructed “that generally a plaintiff may be allowed limited discovery with re- spect to the jurisdictional issue; but until [plaintiff] has sho

bia’s relationship to NCB. The Supreme Court and Second Circuit agree that there are certain circumstances in whi

to prove a “pecuniary” or similar quid pro quo. the Second Circuit (a lower appellate court) held that a tipper must

he orders dismissing those defendants should be vacated so that the district court can apply current law to defendants’ motions. Standard of Review The Second Circuit “review[s] de novo a district court’s dismissal of a complaint pursuant to Rule 12(b)(6), construing the complaint liberally, accepting all factual a

In March, the United States Court of Appeals for the Second Cir- cuit seemed poised to release some documents in the ca