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In re: Longwei Petroleum Investment Holding Limited Securities Litigation

REPLY MEMORANDUM OF LAW in Support re: 100 MOTION to Dismiss the Consolidated Securities Class Action Complaint.. Document

20 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,867 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  3. ECA & Local 134 Ibew Joint Pension Trust v. Jp Morgan Chase Co.

    553 F.3d 187 (2d Cir. 2009)   Cited 909 times   2 Legal Analyses
    Holding that statements that the defendant "'set the standard' for 'integrity' and that it would 'continue to reposition and strengthen [its] franchises with a focus on financial discipline'" were nonactionable puffery given their generality

  4. Lentell v. Merrill Lynch Co., Inc.

    396 F.3d 161 (2d Cir. 2005)   Cited 998 times   20 Legal Analyses
    Holding that to prove loss causation, a plaintiff must allege "that the misstatement or omission concealed something from the market that, when disclosed, negatively affected the value of the security"

  5. Winer Family Trust v. Queen

    503 F.3d 319 (3d Cir. 2007)   Cited 477 times   4 Legal Analyses
    Holding that the group pleading doctrine is not applicable to those that are not officers or directors of the at-issue company

  6. Teams. Local 445 v. Dynex Cap

    531 F.3d 190 (2d Cir. 2008)   Cited 447 times   5 Legal Analyses
    Holding that plaintiffs failed to allege corporate scienter where they did not specifically identify reports or statements to which the corporate officer had access that would have contradicted the allegedly fraudulent corporate statements at issue

  7. First Nationwide Bank v. Gelt Funding Corp.

    27 F.3d 763 (2d Cir. 1994)   Cited 658 times
    Holding that allegations of a methodologically unreliable appraisal were not sufficient to establish property values as a fact in a RICO complaint

  8. Emergent Capital Inv. v. Stonepath Group, Inc.

    343 F.3d 189 (2d Cir. 2003)   Cited 483 times   2 Legal Analyses
    Holding that, in a material misstatement or omission securities fraud action, plaintiffs must allege a price correction to adequately plead loss causation

  9. South Ferry v. Killinger

    542 F.3d 776 (9th Cir. 2008)   Cited 376 times   2 Legal Analyses
    Holding that “detailed and specific allegations about management's exposure to factual information within the company” support an inference of scienter

  10. In re Omnicom Group

    597 F.3d 501 (2d Cir. 2010)   Cited 325 times   1 Legal Analyses
    Holding that the “negative characterization of already-public information” does not constitute a corrective disclosure of new information

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,250 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,931 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,489 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion