Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,371 times 105 Legal AnalysesHolding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
Dura Pharmaceuticals v. Broudo
544 U.S. 336 (2005) Cited 3,596 times 67 Legal AnalysesHolding 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”
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
552 U.S. 148 (2008) Cited 1,202 times 80 Legal AnalysesHolding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
Central Bank of Denver v. First I.S. Bk. of Denver
511 U.S. 164 (1994) Cited 1,725 times 79 Legal AnalysesHolding that Section 10(b)’s private right of action does not include suits against aiders and abettors
Zucco Partners, LLC v. Digimarc Corp.
552 F.3d 981 (9th Cir. 2009) Cited 1,370 times 7 Legal AnalysesHolding that "for individual defendants' stock sales to raise an inference of scienter, plaintiffs must provide a 'meaningful trading history' for purposes of comparison to the stock sales within the class period," and that "[e]ven if the defendant's trading history is simply not available, for reasons beyond a plaintiff's control, the plaintiff is not excused from pleading the relevant history"
DiLeo v. Ernst Young
901 F.2d 624 (7th Cir. 1990) Cited 1,598 times 3 Legal AnalysesHolding accountants owe no duty "to search and sing"
Garfield v. NDC Health Corp.
466 F.3d 1255 (11th Cir. 2006) Cited 683 times 1 Legal AnalysesHolding that a dismissal can be final even before leave to amend expires
Ziemba v. Cascade Intern., Inc.
256 F.3d 1194 (11th Cir. 2001) Cited 759 times 2 Legal AnalysesHolding that Rule 9(b) satisfied if "complaint sets forth precisely what statements were made in what documents or oral representations or what omissions were made, and the time and place of each statement and the person responsible for making it, . . . the content of such statements and the manner in which they misled plaintiffs, and what defendants obtained as a consequence of the fraud"
Wagner v. First Horizon Pharmaceutical
464 F.3d 1273 (11th Cir. 2006) Cited 462 timesHolding that district courts have a "supervisory obligation to sua sponte order repleading pursuant to Federal Rule of Civil Procedure 12(e) when a shotgun complaint fails to link adequately a cause of action to its factual predicates"
Mizzaro v. Home Depot
544 F.3d 1230 (11th Cir. 2008) Cited 386 times 3 Legal AnalysesHolding that the plaintiffs failed to allege scienter because, in part, the "amended complaint affords no basis for inferring that the individual defendants would have heard about these whistleblower complaints during the class period"
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 AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,697 times 196 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,625 times 329 Legal AnalysesRequiring that fraud be pleaded with particularity
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,599 times 52 Legal AnalysesGranting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party