42 Cited authorities

  1. 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
  2. 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' "
  3. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,342 times   307 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance
  4. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,477 times   67 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"
  5. Omnicare, Inc. v. Laborers Dist. Council Constr. Indus. Pension Fund

    575 U.S. 175 (2015)   Cited 455 times   55 Legal Analyses
    Holding in the context of a claim under Section 11 of the Securities Act of 1933 that whether a statement is "misleading" is determined from "the perspective of a reasonable investor"
  6. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,141 times   8 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”
  7. Metzler v. Corinthian

    540 F.3d 1049 (9th Cir. 2008)   Cited 929 times   5 Legal Analyses
    Holding that plaintiffs failed to plead loss causation where plaintiffs' theory was that "Corinthian's fraud was revealed to the market, causing Metzler's losses" but "[t]he TAC does not allege that the June 24 and August 2 announcements disclosed—or even suggested—[the fraudulent activities] to the market"
  8. Rosenzweig v. Azurix Corp.

    332 F.3d 854 (5th Cir. 2003)   Cited 989 times   3 Legal Analyses
    Holding that district court did not abuse discretion in denying motion to amend complaint where "plaintiffs did not attach a proposed amended complaint," leaving district court to "speculate" about how additional facts might amount to a legal claim
  9. Lovelace v. Software Spectrum Inc.

    78 F.3d 1015 (5th Cir. 1996)   Cited 1,108 times
    Holding that courts may take judicial notice of public disclosure documents in securities fraud causes, but "only for the purpose of determining what statements the documents contain, not to prove the truth of the documents’ contents"
  10. Tuchman v. DSC Commc'ns Corp.

    14 F.3d 1061 (5th Cir. 1994)   Cited 1,133 times   1 Legal Analyses
    Holding that motive to inflate stock price and value of defendants investments was insufficient to establish scienter under Rule 9(b)
  11. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,111 times   85 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
  12. Section 230.408 - Additional information

    17 C.F.R. § 230.408   Cited 24 times   1 Legal Analyses

    (a) In addition to the information expressly required to be included in a registration statement, there shall be added such further material information, if any, as may be necessary to make the required statements, in the light of the circumstances under which they are made, not misleading. (b) Notwithstanding paragraph (a) of this section, unless otherwise required to be included in the registration statement, the failure to include in a registration statement information included in a free writing