§Why CasetextPricing

Braddock v. Zaycon Foods Llc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM & JOINDER in MOTION TO DISMISS

44 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,823 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,453 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  3. Matrixx Initiatives, Inc. v. Siracusano

    563 U.S. 2011 (2011)   Cited 1,423 times   59 Legal Analyses
    Holding 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

  4. Janus Capital Group Inc. v. First Derivative Traders

    564 U.S. 135 (2011)   Cited 582 times   104 Legal Analyses
    Holding 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”

  5. Cervantes v. Countrywide Home Loans, Inc.

    656 F.3d 1034 (9th Cir. 2011)   Cited 1,418 times   3 Legal Analyses
    Holding plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"

  6. Chiarella v. United States

    445 U.S. 222 (1980)   Cited 987 times   40 Legal Analyses
    Holding that duty to disclose under Rule 10b-5 arises from fiduciary relationship

  7. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 1,385 times   7 Legal Analyses
    Holding that "for individual defendants' stock sales to raise an inference of scienter, plaintiffs must provide a 'meaningful trading history' for purposes of comparison to the stock sales within the class period," and that "[e]ven if the defendant's trading history is simply not available, for reasons beyond a plaintiff's control, the plaintiff is not excused from pleading the relevant history"

  8. Clegg v. Cult Awareness Network

    18 F.3d 752 (9th Cir. 1994)   Cited 1,869 times
    Holding that a national organization was not sufficiently connected to a "place" open to the public

  9. MGIC Indem. Co. v. Weisman

    803 F.2d 500 (9th Cir. 1986)   Cited 1,962 times
    Holding that, on a motion for attorney fees, the requesting party must disclose its time sheets to the other party, redacted as necessary where protected by the attorney-client privilege

  10. Reese v. BP Exploration (Alaska) Inc.

    643 F.3d 681 (9th Cir. 2011)   Cited 667 times   3 Legal Analyses
    Holding that an interlocutory appeal would materially advance resolution of litigation where reversal by the appellate court would dismiss one defendant and resolve multiple claims against all defendants, even though it would not resolve the entire case

  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 357,946 times   950 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 162,144 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,889 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,440 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  15. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,721 times   166 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  16. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,667 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  17. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 4,052 times   20 Legal Analyses
    Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

  18. Section 21.20.010 - Unlawful offers, sales, purchases

    Wash. Rev. Code § 21.20.010   Cited 152 times   2 Legal Analyses
    Relating to fraud in the solicitation of the sale of securities

  19. Section 21.20.430 - Civil liabilities-Survival, limitation of actions-Waiver of chapter void-Scienter

    Wash. Rev. Code § 21.20.430   Cited 136 times   2 Legal Analyses
    Allowing for the award of attorney fees and costs to prevailing plaintiffs

  20. Section 21.20.140 - Unlawful to offer or sell unregistered securities-Exceptions

    Wash. Rev. Code § 21.20.140   Cited 35 times   1 Legal Analyses
    Requiring registration