Tellabs v. Makor Issues Rights
551 U.S. 308 (2007) Cited 9,077 times 104 Legal AnalysesHolding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"
In re Silicon Graphics Inc.
183 F.3d 970 (9th Cir. 1999) Cited 1,408 times 8 Legal AnalysesHolding 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))
Gompper v. Visx, Inc.
298 F.3d 893 (9th Cir. 2002) Cited 730 times 2 Legal AnalysesHolding that leave to amend need not be granted if it would be "a futile exercise"
Ronconi v. Larkin
253 F.3d 423 (9th Cir. 2001) Cited 515 times 2 Legal AnalysesHolding 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
In re Cabletron Systems, Inc.
311 F.3d 11 (1st Cir. 2002) Cited 291 times 3 Legal AnalysesHolding a petition survived dismissal where scienter allegations included large-scale fraudulent practices over time as well as specific allegations of knowledge and actions by specific officers
DSAM Global Value Fund v. Altris Software, Inc.
288 F.3d 385 (9th Cir. 2002) Cited 163 timesHolding that in order to allege a strong inference of deliberate recklessness, a plaintiff must state "facts that come closer to demonstrating intent, as opposed to mere motive and opportunity"
In re Cornerstone Propane Partners L.P. Securities Litigation
355 F. Supp. 2d 1069 (N.D. Cal. 2005) Cited 77 times 1 Legal AnalysesHolding departures, absent termination on basis of fraud, did not give rise to inference of scienter
In re CNET Networks, Inc.
483 F. Supp. 2d 947 (N.D. Cal. 2007) Cited 57 timesHolding that options issued pursuant to a plan were not backdated
In re Openwave Systems Securities Litigation
528 F. Supp. 2d 236 (S.D.N.Y. 2007) Cited 50 timesHolding that defendants' stock options "are 'concrete and personal' because they represent a species of compensation different from the one ordinarily accumulated by corporate officers and directors"
In re Hansen Natural Corp. Securities Litigation
527 F. Supp. 2d 1142 (C.D. Cal. 2007) Cited 48 timesHolding that “the group pleading doctrine can no longer be used in pleading cases under the PSLRA,” and noting that “[t]his view is shared by numerous district courts within this circuit”