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Plumbers and Pipefitters Local Union No. 630 Pension-Annuity Trust Fund et al v. Allscripts-Misys Healthcare Solutions, Inc. et al

MEMORANDUM

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,448 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,615 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”

  5. Shields v. Citytrust Bancorp, Inc.

    25 F.3d 1124 (2d Cir. 1994)   Cited 1,857 times   5 Legal Analyses
    Holding that scienter cannot be "base[d] . . . on speculation and conclusory allegations"

  6. DiLeo v. Ernst Young

    901 F.2d 624 (7th Cir. 1990)   Cited 1,599 times   3 Legal Analyses
    Holding accountants owe no duty "to search and sing"

  7. Pugh v. Tribune

    521 F.3d 686 (7th Cir. 2008)   Cited 538 times   4 Legal Analyses
    Holding that Stoneridge precluded primary liability for an insider at Tribune

  8. San Leandro Emergen. Med. Plan v. Philip Morris

    75 F.3d 801 (2d Cir. 1996)   Cited 726 times   1 Legal Analyses
    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"

  9. Ronconi v. Larkin

    253 F.3d 423 (9th Cir. 2001)   Cited 520 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 485 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,431 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  12. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,720 times   166 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,663 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  14. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 4,052 times   20 Legal Analyses
    Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

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

    15 U.S.C. § 78u-5   Cited 1,297 times   22 Legal Analyses
    Listing as an exclusion from the safe harbor "forward-looking statement in connection with a going private transaction"