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In Re: Repros Therapeutics, Inc. Securities Litigation

REPLY in Support of 57 MOTION to Dismiss 56 Amended Complaint/Counterclaim/Crossclaim etc. MOTION to Dismiss 56 Amended Complaint/Counterclaim/Crossclaim etc.

11 Cited authorities

  1. Lormand v. US Unwired, Inc.

    565 F.3d 228 (5th Cir. 2009)   Cited 2,252 times   5 Legal Analyses
    Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"

  2. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,191 times   9 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”

  3. Cozzarelli v. Inspire

    549 F.3d 618 (4th Cir. 2008)   Cited 419 times   1 Legal Analyses
    Holding the district court did not abuse its discretion in denying leave to amend where the plaintiffs never filed a motion seeking leave nor presented the district court with a proposed amended complaint

  4. Nathenson v. Zonagen Inc.

    267 F.3d 400 (5th Cir. 2001)   Cited 324 times
    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

  5. Indiana Electrical v. Shaw

    537 F.3d 527 (5th Cir. 2008)   Cited 157 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

  6. Demarco v. Depotech Corp.

    149 F. Supp. 2d 1212 (S.D. Cal. 2001)   Cited 82 times
    Holding if the statement is not false, "scienter entails the illogical inquiry into whether the defendant intended to deceive when, in fact, there was no deception"

  7. In re Regeneron Pharmaceuticals, Inc. Securities Litigation

    No. 03 Civ. 3111 (RWS) (S.D.N.Y. Feb. 1, 2005)   Cited 30 times

    No. 03 Civ. 3111 (RWS). February 1, 2005 STULL STULL BRODY, New York, NY, JULES BRODY, ESQ., MELISSA EMERT, ESQ., Of Counsel, MILBERG WEISS BERSHAD HYNES LERACH, New York, NY, RICHARD WEISS, ESQ., GUY HALFTECK, ESQ., Of Counsel Attorneys for Plaintiffs. MAYER, BROWN, ROWE MAW, New York, NY, DENNIS P. ORR, ESQ., JOSEPH De SIMONE, ESQ., MATTHEW D. INGBER, ESQ., Of Counsel Attorneys for Defendants. OPINION ROBERT SWEET, Senior District Judge Defendants, Regeneron Pharmaceuticals, Inc. ("Regeneron" or

  8. In re Vertex Pharmaceuticals, Inc., Securities Lit.

    357 F. Supp. 2d 343 (D. Mass. 2005)   Cited 19 times
    Discrediting confidential witness allegations based on multi-layer hearsay

  9. In re Connetics Corp. Securities Litigation

    No. C 07-02940 SI (N.D. Cal. Aug. 14, 2008)   Cited 15 times
    Concluding that plaintiffs “ha[d] pled a strong inference of scienter” based on allegations concerning defendant's efforts to conceal his stock sales

  10. Branca v. Paymentech, Inc.

    Civil Action No. 3:97-CV-2507-L (N.D. Tex. Feb. 8, 2000)   Cited 22 times
    Finding that allegations against "defendants" which did not "identify the speaker" did not satisfy Fed.R.Civ.P. 9(b)