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International Brotherhood of Electrical Workers Local 697 Pension Fund v. International Game Technology et al

MOTION to Dismiss Notice of Motion and Motion to Dismiss Consolidated Complaint; Supporting Memorandum of Points and Authorities

66 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,176 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,559 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  3. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 1,328 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

  4. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,287 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim

  5. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,714 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

  6. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,415 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))

  7. Metzler v. Corinthian

    540 F.3d 1049 (9th Cir. 2008)   Cited 935 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"

  8. Gompper v. Visx, Inc.

    298 F.3d 893 (9th Cir. 2002)   Cited 736 times   2 Legal Analyses
    Holding that leave to amend need not be granted if it would be "a futile exercise"

  9. Ronconi v. Larkin

    253 F.3d 423 (9th Cir. 2001)   Cited 517 times   2 Legal Analyses
    Holding that complaint did not sufficiently plead falsity where it alleged that defendant made false statements about earnings and sales expectations and that defendant stated that plan to cut jobs and costs was “on track,” but complaint did not allege facts showing that defendant knew at the time that the predictions were inaccurate

  10. Lipton v. Pathogenesis Corp.

    284 F.3d 1027 (9th Cir. 2002)   Cited 474 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

  11. 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 347,669 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,048 times   320 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,489 times   49 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 78u-5 - Application of safe harbor for forward-looking statements

    15 U.S.C. § 78u-5   Cited 1,261 times   21 Legal Analyses
    Noting that under the statutory safe harbor, a defendant may avoid liability for any forward-looking statement that is false or misleading if the statement is "identified as a forward-looking statement, and is accompanied by meaningful cautionary statements identifying important factors that could cause actual results to differ materially from those in the forward-looking statement"