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In re: Longwei Petroleum Investment Holding Limited Securities Litigation

REPLY MEMORANDUM OF LAW in Support re: 152 MOTION for Reconsideration re; 144 Memorandum & Opinion,,

14 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,436 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Chill v. General Electric Company

    101 F.3d 263 (2d Cir. 1996)   Cited 655 times   2 Legal Analyses
    Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"

  3. South Cherry St. v. Hennessee Group

    573 F.3d 98 (2d Cir. 2009)   Cited 404 times   4 Legal Analyses
    Finding allegations insufficient to plead fraudulent intent or recklessness

  4. Indiana Electrical v. Shaw

    537 F.3d 527 (5th Cir. 2008)   Cited 156 times   1 Legal Analyses
    Holding pure-omission claims likewise are not actionable under Section 10(b) of the 1934 Act and SEC Rule 10b-5, 17 C.F.R. § 240.10b-5

  5. In re AOL Time Warner, Inc. Securities & “Erisa” Litigation

    381 F. Supp. 2d 192 (S.D.N.Y. 2004)   Cited 126 times
    Holding that "[w]ith respect to group-published documents such as prospectuses, plaintiffs may rely on a presumption that the group-information is the collective works of those individuals" directly involved in the day-to-day affairs of the corporation

  6. McIntire v. China Mediaexpress Holdings, Inc.

    927 F. Supp. 2d 105 (S.D.N.Y. 2013)   Cited 48 times
    Finding that the annual report's disclosures regarding potential difficulties in collecting financial data and the management's expectation that "internal controls will [not] prevent all error and all fraud" are "mere warning signs" rather than "smoking guns" constituting red flags

  7. Dobina v. Weatherford Int'l Ltd.

    909 F. Supp. 2d 228 (S.D.N.Y. 2012)   Cited 47 times   2 Legal Analyses
    Holding that "one may reasonably infer that [a company's] internal controls in fact were inadequate throughout the class period" where a later public filing details a material weakness in internal controls

  8. In re Philip Services Corp.

    383 F. Supp. 2d 463 (S.D.N.Y. 2004)   Cited 62 times   1 Legal Analyses
    Holding that directors who also signed registration statement controlled those who wrote the report

  9. Sutherland v. Ernst & Young LLP

    10 Civ. 3332 (KMW) (MHD) (S.D.N.Y. Jan. 13, 2012)   Cited 41 times   2 Legal Analyses
    Finding that a U.S. Supreme Court decision did not constitute an intervening change in controlling law because, inter alia, it addressed a state common law rule, whereas the district court based its decision on a federal statute

  10. Iowa Public Employee's Retirement System v. Deloitte & Touche LLP

    919 F. Supp. 2d 321 (S.D.N.Y. 2013)   Cited 30 times   2 Legal Analyses
    Finding alleged red flag did not give support scienter where auditor had no duty to investigate the records containing the red flag

  11. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,778 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  12. Section 1292 - Interlocutory decisions

    28 U.S.C. § 1292   Cited 22,648 times   198 Legal Analyses
    Granting appellate jurisdiction over certain types of interlocutory orders