§Why CasetextPricing

Rahimi v. Tesla Motors, Inc. et al

MOTION to Dismiss Second Amended Complaint

42 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,348 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,379 times   310 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  3. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,506 times   69 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

  4. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 1,363 times   7 Legal Analyses
    Holding that "for individual defendants' stock sales to raise an inference of scienter, plaintiffs must provide a 'meaningful trading history' for purposes of comparison to the stock sales within the class period," and that "[e]ven if the defendant's trading history is simply not available, for reasons beyond a plaintiff's control, the plaintiff is not excused from pleading the relevant history"

  5. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,437 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))

  6. Metzler v. Corinthian

    540 F.3d 1049 (9th Cir. 2008)   Cited 946 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"

  7. Gompper v. Visx, Inc.

    298 F.3d 893 (9th Cir. 2002)   Cited 740 times   2 Legal Analyses
    Holding that leave to amend need not be granted if it would be "a futile exercise"

  8. Allen v. City of Beverly Hills

    911 F.2d 367 (9th Cir. 1990)   Cited 975 times   1 Legal Analyses
    Holding that a provision allowing the Beverly Hills City Council to abolish any position in the classified service when "necessary in the interests of economy or because the necessity for the position no longer exists" does not significantly constrain the City's discretion and thus does not create a property interest

  9. Pugh v. Tribune

    521 F.3d 686 (7th Cir. 2008)   Cited 535 times   4 Legal Analyses
    Holding that Stoneridge precluded primary liability for an insider at Tribune

  10. 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

  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 354,229 times   943 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,592 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

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

    15 U.S.C. § 78t   Cited 4,022 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"

  16. Section 78u - Investigations and actions

    15 U.S.C. § 78u   Cited 2,326 times   86 Legal Analyses
    Granting the SEC the power to seek civil penalties for violations of the Exchange Act

  17. Rule 407 - Subsequent Remedial Measures

    Fed. R. Evid. 407   Cited 1,418 times   13 Legal Analyses
    Allowing for the exclusion of evidence of subsequent remedial measures