§Why CasetextPricing

Candelore v. LDK Solar Co., Ltd. et al

Memorandum in Opposition re MOTION to Dismiss Lead Plaintiff's Consolidated Class Action Complaint Pursuant to Rule 12

28 Cited authorities

  1. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,593 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”

  2. Bourjaily v. United States

    483 U.S. 171 (1987)   Cited 2,763 times   8 Legal Analyses
    Holding that trial judge may consider any evidence whatsoever, including the proffered hearsay statements, in determining whether statements are admissible under the co-conspirator exception to the hearsay rule

  3. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 5,010 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

  4. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,305 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim

  5. No. 84 Employer-Teamster v. America W. Holding

    320 F.3d 920 (9th Cir. 2003)   Cited 496 times   1 Legal Analyses
    Holding that the allegations must be considered in their totality in determining whether plaintiffs have met the PSLRA standard

  6. Ronconi v. Larkin

    253 F.3d 423 (9th Cir. 2001)   Cited 517 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

  7. Howard v. Everex Systems

    228 F.3d 1057 (9th Cir. 2000)   Cited 485 times   7 Legal Analyses
    Holding outside directors responsible for SEC filings they signed

  8. Aldridge v. A.T. Cross Corp.

    284 F.3d 72 (1st Cir. 2002)   Cited 232 times   2 Legal Analyses
    Holding that, based on the language of company disclosures in 1999, it would be reasonable to infer that statements made in 1998 by the defendants had omitted material information

  9. Mississippi v. Boston

    523 F.3d 75 (1st Cir. 2008)   Cited 161 times   1 Legal Analyses
    Holding that plaintiffs alleged a strong inference of scienter when defendant withheld information about its medical stent product, defendant had reports from Europe and the United States that a defect in the stent caused medical problems in patients, defendant corrected the defect in a new model and built up a reserve inventory of the corrected product rather than releasing it, there was a close temporal proximity between the statements and the third recall of the defective products, and there was alleged insider trading before the recalls

  10. Marksman Partners, L.P. v. Chantal Pharmaceutical Corp.

    927 F. Supp. 1297 (C.D. Cal. 1996)   Cited 215 times
    Holding la violation of GAAP, in itself will generally not be sufficient to establish fraud, when combined with other circumstances suggesting fraudulent intent, however, allegations of improper accounting may support a strong inference of scienter"

  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 354,229 times   943 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,592 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 78u-5 - Application of safe harbor for forward-looking statements

    15 U.S.C. § 78u-5   Cited 1,276 times   22 Legal Analyses
    Listing as an exclusion from the safe harbor "forward-looking statement in connection with a going private transaction"

  15. Section 202.5 - Enforcement activities

    17 C.F.R. § 202.5   Cited 197 times   8 Legal Analyses
    Explaining that "the disposition of any ... matter [in a civil action brought by the SEC] may not, expressly or impliedly, extend to any criminal charges that have been, or may be, brought against any such person" because the SEC does not have the "authority or responsibility," which are "vested in the [DOJ]"