§Why CasetextPricing

George Pappas v. Countrywide Financial Corp et al

MEMORANDUM in Support of MOTION to Dismiss Second Consolidated Amended Class Action Complaint 359

22 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,115 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 1,316 times   7 Legal Analyses
    Holding that "[m]ere conclusory allegations" about the resignations of company executives did not, without more, give rise to a strong inference of scienter

  3. 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

  4. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,411 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))

  5. Metzler v. Corinthian

    540 F.3d 1049 (9th Cir. 2008)   Cited 932 times   5 Legal Analyses
    Holding that plaintiffs failed to plead loss causation where plaintiffs' theory was that "Corinthian's fraud was revealed to the market, causing Metzler's losses" but "[t]he TAC does not allege that the June 24 and August 2 announcements disclosed—or even suggested—[the fraudulent activities] to the market"

  6. Lipton v. Pathogenesis Corp.

    284 F.3d 1027 (9th Cir. 2002)   Cited 470 times   1 Legal Analyses
    Holding that a plaintiff alleging securities fraud by relying on a company's internal reporting must do more than identify certain "negative" reports

  7. Howard v. Everex Systems

    228 F.3d 1057 (9th Cir. 2000)   Cited 481 times   7 Legal Analyses
    Holding outside directors responsible for SEC filings they signed

  8. In re Vantive Corp. Securities Litigation

    283 F.3d 1079 (9th Cir. 2002)   Cited 347 times
    Holding that, although a sale of 74% was suspicious, a strong inference was not raised because analysis of the remaining factors did not raise suspicion

  9. 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

  10. United States v. Smith

    155 F.3d 1051 (9th Cir. 1998)   Cited 208 times   4 Legal Analyses
    Holding that evidence obtained following an unconstitutionally intercepted voicemail message was sufficiently far from the initial illegality because the message was merely a lead in the investigation and did not "significantly direct" the police to the discovery of the challenged evidence

  11. Section 78t-1 - Liability to contemporaneous traders for insider trading

    15 U.S.C. § 78t-1   Cited 298 times
    Granting an explicit right of private action under Rule 10b-5 pursuant to the Insider Trading and Securities Fraud Enforcement Act of 1988