19 Cited authorities

Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,114 times 104 Legal Analyses
Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
TSC Industries, Inc. v. Northway, Inc.
426 U.S. 438 (1976) Cited 2,479 times 67 Legal Analyses
Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"
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
Cutera Securities Litigation v. Conners
610 F.3d 1103 (9th Cir. 2010) Cited 474 times 3 Legal Analyses
Holding that "statements fall outside the safe harbor if the plaintiff can allege facts that would create a strong inference that the defendants made the [statements] at issue with ‘actual knowledge ... that the statement was false or misleading’ "
Rigel Pharms., Inc. Sec. Litig. v. Deleage
697 F.3d 869 (9th Cir. 2012) Cited 288 times 5 Legal Analyses
Holding that for statements to be actionable under the PSLRA, they must have been "false or misleading at the time they were made"
Or. Pub. Emps. Ret. Fund v. Apollo Grp. Inc.
774 F.3d 598 (9th Cir. 2014) Cited 251 times 2 Legal Analyses
Holding that allegations of loss causation must satisfy Federal Rule of Civil Procedure 9(b) ’s heightened "particularity" requirement
Brody v. Transitional Hospitals Corp.
280 F.3d 997 (9th Cir. 2002) Cited 342 times 6 Legal Analyses
Holding that, to be actionable, an omission must "affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists"
McDonald v. Kinder-Morgan, Inc.
287 F.3d 992 (10th Cir. 2002) Cited 230 times
Finding failure to state a claim where the omitted information "adds nothing to the truthfulness or accuracy of the fact" stated
Retail Wholesale & Dep't Store Union Local 338 Ret. Fund v. Hewlett-Packard Co.
845 F.3d 1268 (9th Cir. 2017) Cited 111 times 7 Legal Analyses
Holding statement, "to be misleading, . . . must be capable of objective verification"; characterizing "puffing" as "expressing an opinion rather than a knowingly false statement of fact"
City of Roseville Employees' Ret. Sys. v. Sterling Fin. Corp.
963 F. Supp. 2d 1092 (E.D. Wash. 2013) Cited 28 times
Holding that plaintiff did "not allege that the practices identified by CW1 were anything other than a local, isolated practice, or how CW1 would have personal knowledge of whether the alleged practices were widespread or a matter of corporate policy"
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 345,529 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 78u-4 - Private securities litigation
15 U.S.C. § 78u-4 Cited 7,460 times 48 Legal Analyses
Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

In re Banc of California Securities Litigation,

19 Cited authorities

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

Holding that scienter is an element of § 10(b) claim

Holding that "statements fall outside the safe harbor if the plaintiff can allege facts that would create a strong inference that the defendants made the [statements] at issue with ‘actual knowledge ... that the statement was false or misleading’ "

Holding that for statements to be actionable under the PSLRA, they must have been "false or misleading at the time they were made"

Holding that allegations of loss causation must satisfy Federal Rule of Civil Procedure 9(b) ’s heightened "particularity" requirement

Holding that, to be actionable, an omission must "affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists"

Finding failure to state a claim where the omitted information "adds nothing to the truthfulness or accuracy of the fact" stated

Holding statement, "to be misleading, . . . must be capable of objective verification"; characterizing "puffing" as "expressing an opinion rather than a knowingly false statement of fact"

Holding that plaintiff did "not allege that the practices identified by CW1 were anything other than a local, isolated practice, or how CW1 would have personal knowledge of whether the alleged practices were widespread or a matter of corporate policy"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party