51 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,112 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 9,462 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,618 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”
  4. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,311 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim
  5. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,444 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))
  6. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,724 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
  7. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 1,019 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. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 820 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements
  9. Ronconi v. Larkin

    253 F.3d 423 (9th Cir. 2001)   Cited 520 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
  10. Lipton v. Pathogenesis Corp.

    284 F.3d 1027 (9th Cir. 2002)   Cited 486 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
  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 358,269 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 162,307 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 39,914 times   333 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,726 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
  15. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,674 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party
  16. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,344 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"