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Ciuffitelli et al v. Deloitte & Touche Llp et al

Motion to Dismiss for Failure to State a Claim . Oral Argument requested.

26 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,930 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 274,322 times   368 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

  3. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,184 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  4. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,292 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  5. Edwards v. Marin Park, Inc.

    356 F.3d 1058 (9th Cir. 2004)   Cited 1,337 times
    Holding that the plaintiff's admittedly "opaque" allegations of discriminatory retaliation were sufficient to withstand a motion to dismiss

  6. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,722 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

  7. Sanford v. Memberworks, Inc.

    625 F.3d 550 (9th Cir. 2010)   Cited 793 times   1 Legal Analyses
    Holding that pursuant to Fed. R. Civ. P. 9(b), RICO fraud allegations must be stated with particularity

  8. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,256 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"

  9. Steckman v. Hart Brewing, Inc.

    143 F.3d 1293 (9th Cir. 1998)   Cited 1,059 times   1 Legal Analyses
    Holding that the court is “not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint”

  10. In re Galena Biopharma, Inc.

    117 F. Supp. 3d 1145 (D. Or. 2015)   Cited 23 times   1 Legal Analyses
    Finding that the defendant's stock sales of 87% of his shares during the class period supported an 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 355,101 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,697 times   196 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 39,625 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 59.115 - Liability in connection with sale or successful solicitation of sale of securities; recovery by purchaser; limitations on proceeding; attorney fees

    ORS § 59.115   Cited 119 times   3 Legal Analyses
    Expanding liability but not indicating a retroactive effect

  15. Section 59.135 - Fraud and deceit with respect to securities or securities business

    ORS § 59.135   Cited 57 times
    Prohibiting fraud and misrepresentation in security transactions