31 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,381 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.
552 U.S. 148 (2008) Cited 1,181 times 80 Legal Analyses
Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"
Lampf v. Gilbertson
501 U.S. 350 (1991) Cited 1,114 times 6 Legal Analyses
Holding comparable bar not subject to equitable tolling
In re Silicon Graphics Inc.
183 F.3d 970 (9th Cir. 1999) Cited 1,411 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))
Wool v. Tandem Computers Inc.
818 F.2d 1433 (9th Cir. 1987) Cited 2,035 times 2 Legal Analyses
Holding district court could, at pleading stage, "presume" corporate officers who had "direct involvement . . . in [corporation's] financial statements" were responsible for misleading information contained in corporation's prospectus
Moore v. Kayport Package Exp., Inc.
885 F.2d 531 (9th Cir. 1989) Cited 1,834 times
Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"
Warshaw v. Xoma Corp.
74 F.3d 955 (9th Cir. 1996) Cited 678 times
Holding that a company's statements regarding the safety of its new products were actionable where the reassuring statements "were designed to prevent shareholder flight in the aftermath of a damaging report regarding the possible hazards of [the product]"
Santa Maria v. Pacific Bell
202 F.3d 1170 (9th Cir. 2000) Cited 576 times
Holding that undisputed facts yield a legal question
Howard v. Everex Systems
228 F.3d 1057 (9th Cir. 2000) Cited 481 times 7 Legal Analyses
Holding outside directors responsible for SEC filings they signed
Corrie v. Caterpillar
503 F.3d 974 (9th Cir. 2007) Cited 345 times 1 Legal Analyses
Holding that "the presence of a political question deprives a court of subject matter jurisdiction" and explaining that a non-justiciable political question is found when there is "a textually demonstrable constitutional commitment of the issue to a coordinate political department"
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 345,620 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,056 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,902 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 2462 - Time for commencing proceedings
28 U.S.C. § 2462 Cited 710 times 261 Legal Analyses
Allowing exception to five-year limitations period where Congress has provided otherwise

Securities And Exchange Commission v. Berry

31 Cited authorities

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

Holding comparable bar not subject to equitable tolling

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))

Holding district court could, at pleading stage, "presume" corporate officers who had "direct involvement . . . in [corporation's] financial statements" were responsible for misleading information contained in corporation's prospectus

Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"

Holding that a company's statements regarding the safety of its new products were actionable where the reassuring statements "were designed to prevent shareholder flight in the aftermath of a damaging report regarding the possible hazards of [the product]"

Holding that undisputed facts yield a legal question

Holding outside directors responsible for SEC filings they signed

Holding that "the presence of a political question deprives a court of subject matter jurisdiction" and explaining that a non-justiciable political question is found when there is "a textually demonstrable constitutional commitment of the issue to a coordinate political department"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Allowing exception to five-year limitations period where Congress has provided otherwise