57 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 6,945 times   100 Legal Analyses
    Holding that a court may consider documents incorporated into the complaint by reference when ruling on a 12(b) motion
  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,057 times   66 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”
  4. Matrixx Initiatives, Inc. v. Siracusano

    563 U.S. 2011 (2011)   Cited 925 times   41 Legal Analyses
    Holding that plaintiffs alleged a strong inference when defendant issued a misleading press release suggesting its over-the-counter pharmaceutical product did not cause anosmia, defendant had not tested its product for anosmia, there was insufficient scientific evidence at the time to determine whether it caused anosmia, and defendant had informed an independent scientist that it had hired a consultant to review the product out of concern over anosmia, asked that scientist to participate in animal studies, prohibited another scientist from using the product's name when he presented a study showing that the product caused anosmia, and organized a "a panel of physicians and scientists in response to [his] presentation"
  5. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 4,296 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
  6. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 966 times   6 Legal Analyses
    Holding that the "district court did not err when it dismissed [a private securities plaintiff's second amended putative class action complaint] with prejudice, since it was clear that the plaintiffs had made their best case and had been found wanting"
  7. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,065 times   5 Legal Analyses
    Holding loss causation sufficiently pled where analyst reports specifically noted, "[y]ou have got to question whether they are manufacturing earnings"
  8. In re Silicon Graphics Inc.

    183 F.3d 970 (9th Cir. 1999)   Cited 1,194 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))
  9. Metzler v. Corinthian

    540 F.3d 1049 (9th Cir. 2008)   Cited 717 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"
  10. Gompper v. Visx, Inc.

    298 F.3d 893 (9th Cir. 2002)   Cited 626 times   2 Legal Analyses
    Holding that leave to amend need not be granted if it would be "a futile exercise"
  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 270,437 times   785 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 32,159 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  13. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 11,366 times   140 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities
  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 6,352 times   42 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party