Holding section 78u-4(b) does not literally require pleading of all facts, so long as facts pleaded provide adequate basis for believing statements were false
Holding that where a complaint “does not present facts indicating a clear duty to disclose” it does not establish “ strong evidence of conscious misbehavior or recklessness”
Holding that a company's statements that it was "optimistic" about its earnings and "should deliver income growth consistent with its historically superior performance" was non-actionable "puffery"
Holding that general motives that can "be imputed to any publicly-owned, for-profit endeavor, [are] not sufficiently concrete for purposes of inferring scienter"
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
712 F. Supp. 2d 171 (S.D.N.Y. 2010) Cited 136 times 3 Legal Analyses
Holding that “[t]rading plans are not a cognizable defense to scienter allegations on a motion to dismiss where, as here, they were adopted during the Class Period”
405 F. Supp. 2d 388 (S.D.N.Y. 2005) Cited 91 times 2 Legal Analyses
Holding that statements which "put the sources of [the defendant's] revenue at issue" gave rise to Section 10(b) liability because the company failed to disclose the improper conduct that generated that revenue