Holding that “[d]efendants whose fraud prevents preexisting inflation in a stock price from dissipating are just as liable as defendants whose fraud introduces inflation into the stock price in the first instance”
Holding that "the necessary strong inference of scienter" was pleaded as to the president, chief executive officer, and director defendant, in part, because of his heavy involvement in the day-to-day operations of a small company
Holding that, in a removal posture, a district court should address subject matter jurisdiction before personal jurisdiction because a determination of the latter would improperly wrest the decision from the state court
765 F. Supp. 2d 512 (S.D.N.Y. 2011) Cited 108 times
Holding that " jury could ... easily conclude that a reasonable investor would ... view" a struggling company's CEO's "misstatements/omissions regarding cash flow as significantly altering the ‘total mix’ of information available"
Holding that an allegedly corrective disclosure was not related to prior allegedly false reports on the speed of new routers where the disclosure "makes no reference to increased router speed"
Fed. R. Civ. P. 30 Cited 16,085 times 126 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely