§Why CasetextPricing

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

Reply Memorandum re MOTION for Leave to File Motion for Reconsideration; or Alternatively Certification of Issues for Appeal

9 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,285 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim

  3. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,412 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))

  4. Chill v. General Electric Company

    101 F.3d 263 (2d Cir. 1996)   Cited 650 times   2 Legal Analyses
    Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"

  5. Berson v. Applied Signal

    527 F.3d 982 (9th Cir. 2008)   Cited 283 times   3 Legal Analyses
    Holding risk disclosure was insufficient where company warned revenue could fall short of projection, but omitted that it had already had its revenue stream "immediately interrupt[ed]" by stop-work orders

  6. Caiafa v. Sea Containers Ltd.

    525 F. Supp. 2d 398 (S.D.N.Y. 2007)   Cited 54 times   1 Legal Analyses
    Holding that "allegations . . . contained in pleadings from an unrelated lawsuit are inadmissible"

  7. In re Wet Seal Inc. Securities Litigation

    518 F. Supp. 2d 1148 (C.D. Cal. 2007)   Cited 54 times
    Finding non-actionable puffery a statement that the company was "on track to deliver improved financial performance in the fall, in line with our turnaround plan"

  8. In re Impac Mortg. Holdings, Inc. Securities Litigation

    554 F. Supp. 2d 1083 (C.D. Cal. 2008)   Cited 37 times
    Finding predictions regarding a company's projected loan production fell within the safe harbor provision because the company's "future income was dependent on loan production"

  9. In re Dreamworks Animation SKG, Inc.

    Case File No. CV 05-03966 MRP (VBKx) (C.D. Cal. Apr. 12, 2006)

    Case File No. CV 05-03966 MRP (VBKx). April 12, 2006 ORDER GRANTING DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' CONSOLIDATED AMENDED CLASS ACTION COMPLAINT MARIANA PFAELZER, Senior District Judge I. Introduction Lead Plaintiff Nextra Investment Management S.G.R. S.p.A. and additional plaintiffs Elim T. Moy and Charles C. Moy (collectively, "Plaintiffs") bring this action against defendants Dreamworks Animation SKG, Inc. ("Dreamworks"), its Chief Executive Officer, Jeffrey Katzenberg ("Katzenberg")