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Building Trades United Pension Trust Fund, et al. v. St. Jude Medical Inc. et al.

MEMORANDUM in Support re MOTION to Dismiss the Consolidated Amended Complaint

44 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,086 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,544 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”

  3. California Public Employees' Retirement System v. Chubb Corp.

    394 F.3d 126 (3d Cir. 2004)   Cited 1,243 times   2 Legal Analyses
    Holding Rule 9(b) and the PSLRA's heightened pleading requirements apply to Section 14 claims, at least where such claims are based on allegations of fraud

  4. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 997 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"

  5. Schaaf v. R.F.C

    517 F.3d 544 (8th Cir. 2008)   Cited 765 times   1 Legal Analyses
    Holding that the MPCFA "provides a remedy only to those actually `injured by' the wrongdoer's misconduct"

  6. Garfield v. NDC Health Corp.

    466 F.3d 1255 (11th Cir. 2006)   Cited 654 times   1 Legal Analyses
    Holding that a dismissal can be final even before leave to amend expires

  7. Parnes v. Gateway 2000, Inc.

    122 F.3d 539 (8th Cir. 1997)   Cited 660 times   1 Legal Analyses
    Holding that an alleged $6.8 million overstatement of assets was immaterial because it represented only two percent of the company's total assets

  8. Greebel v. FTP Software, Inc.

    194 F.3d 185 (1st Cir. 1999)   Cited 521 times   2 Legal Analyses
    Holding plaintiffs' failure to provide information regarding sales made by insiders at times outside the class period permitted no possibility of comparison

  9. IN RE DONALD J. TRUMP CASINO SECURITIES LIT

    7 F.3d 357 (3d Cir. 1993)   Cited 513 times   4 Legal Analyses
    Holding an omitted fact is material if there is "substantial likelihood that a reasonable [investor] would consider it important in deciding how to act"

  10. Kushner v. Beverly Enterprises, Inc.

    317 F.3d 820 (8th Cir. 2003)   Cited 318 times
    Holding that an allegation that someone involved in a fraudulent scheme reported to one of the named defendants was "not specific enough to support a strong inference that [the defendant] knew of or participated in the fraudulent practice while it was occurring"

  11. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,655 times   139 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  12. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,445 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party