51 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 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
Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,542 times 105 Legal Analyses
Holding 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 3,630 times 67 Legal Analyses
Holding 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”
Sparling v. Daou
411 F.3d 1006 (9th Cir. 2005) Cited 1,314 times 5 Legal Analyses
Holding that scienter is an element of § 10(b) claim
In re Silicon Graphics Inc.
183 F.3d 970 (9th Cir. 1999) Cited 1,448 times 8 Legal Analyses
Holding that stock sales of individual defendants are only indicative of scienter where they are "dramatically out of line with prior trading practices" (quoting In re Apple Computer Sec. Litig., 886 F.2d 1109, 1117 (9th Cir. 1989))
In re Glenfed, Inc. Securities Litigation
42 F.3d 1541 (9th Cir. 1994) Cited 1,728 times 3 Legal Analyses
Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
Lentell v. Merrill Lynch Co., Inc.
396 F.3d 161 (2d Cir. 2005) Cited 1,020 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"
IN RE STAC ELECTRONICS SECURITIES LITIGATION
89 F.3d 1399 (9th Cir. 1996) Cited 824 times
Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements
Ronconi v. Larkin
253 F.3d 423 (9th Cir. 2001) Cited 521 times 2 Legal Analyses
Holding that complaint did not sufficiently plead falsity where it alleged that defendant made false statements about earnings and sales expectations and that defendant stated that plan to cut jobs and costs was “on track,” but complaint did not allege facts showing that defendant knew at the time that the predictions were inaccurate
Lipton v. Pathogenesis Corp.
284 F.3d 1027 (9th Cir. 2002) Cited 488 times 1 Legal Analyses
Holding that a plaintiff alleging securities fraud by relying on a company's internal reporting must do more than identify certain "negative" reports
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 361,353 times 960 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,114 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 78j - Manipulative and deceptive devices
15 U.S.C. § 78j Cited 12,783 times 167 Legal Analyses
Granting 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 7,730 times 53 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
Section 240.10b-5 - Employment of manipulative and deceptive devices
17 C.F.R. § 240.10b-5 Cited 9,396 times 136 Legal Analyses
Holding liable any person who "make any untrue statement of material fact"

Brodsky et al v. Yahoo! Inc. et al

51 Cited authorities

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

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding 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”

Holding that scienter is an element of § 10(b) claim

Holding that stock sales of individual defendants are only indicative of scienter where they are "dramatically out of line with prior trading practices" (quoting In re Apple Computer Sec. Litig., 886 F.2d 1109, 1117 (9th Cir. 1989))

Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

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"

Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

Holding that a plaintiff alleging securities fraud by relying on a company's internal reporting must do more than identify certain "negative" reports

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

Holding liable any person who "make any untrue statement of material fact"