28 Cited authorities

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"
Papasan v. Allain
478 U.S. 265 (1986) Cited 17,092 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,881 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
In re NAHC, Inc. Securities Litigation
306 F.3d 1314 (3d Cir. 2002) Cited 714 times 1 Legal Analyses
Holding that an amendment was futile because the claims would be barred by the statute of limitations
Oran v. Stafford
226 F.3d 275 (3d Cir. 2000) Cited 638 times 33 Legal Analyses
Holding that courts can take judicial notice of authenticated versions of publicly available documents filed with a regulatory agency
In re Advanta Corp. Securities Litigation
180 F.3d 525 (3d Cir. 1999) Cited 637 times
Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."
Instit. Investors Group v. Avaya, Inc.
564 F.3d 242 (3d Cir. 2009) Cited 427 times 4 Legal Analyses
Holding that confidential witness allegations were detailed enough when: they reflect information about the relevant company's inability to compete with specific competitors, specific price reductions the company was forced to accept, and the specific clients who received discounts
In re Bristol-Myers Squibb
312 F. Supp. 2d 549 (S.D.N.Y. 2004) Cited 134 times
Holding that an otherwise unlawful accounting technique could not be the basis of a securities fraud claim because its status as industry standard precluded any inference of recklessness, let alone knowledge
In re Gildan Activewear, Inc. Securities Litig.
636 F. Supp. 2d 261 (S.D.N.Y. 2009) Cited 96 times 1 Legal Analyses
Finding no knowledge or recklessness leading to an inference of scienter due to lack of particularized allegations
In re Keyspan Corp. Securities Litigation
383 F. Supp. 2d 358 (E.D.N.Y. 2003) Cited 87 times
Holding that CEO's failure to make stock sales during one of two alleged "sell-off" periods attenuated inference of scienter as to other defendants
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,742 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Ramirez, Jr. v. Hertz Global Holdings, Inc. et al

28 Cited authorities

Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding that an amendment was futile because the claims would be barred by the statute of limitations

Holding that courts can take judicial notice of authenticated versions of publicly available documents filed with a regulatory agency

Holding that plaintiffs "may not rest on a bare inference that a defendant `must have had' knowledge of the facts."

Holding that confidential witness allegations were detailed enough when: they reflect information about the relevant company's inability to compete with specific competitors, specific price reductions the company was forced to accept, and the specific clients who received discounts

Holding that an otherwise unlawful accounting technique could not be the basis of a securities fraud claim because its status as industry standard precluded any inference of recklessness, let alone knowledge

Finding no knowledge or recklessness leading to an inference of scienter due to lack of particularized allegations

Holding that CEO's failure to make stock sales during one of two alleged "sell-off" periods attenuated inference of scienter as to other defendants

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure