Lovelace v. Software Spectrum Inc.
78 F.3d 1015 (5th Cir. 1996) Cited 1,129 timesHolding that courts may take judicial notice of public disclosure documents in securities fraud causes, but "only for the purpose of determining what statements the documents contain, not to prove the truth of the documents’ contents"
Financial Acquisition Partners LP v. Blackwell
440 F.3d 278 (5th Cir. 2006) Cited 377 times 2 Legal AnalysesHolding district court did not abuse its discretion in refusing to consider expert affidavit bolstering fraud claims that was attached to complaint on Rule 12(b) motion
Thornton v. Micrografx, Inc.
878 F. Supp. 931 (N.D. Tex. 1995) Cited 29 timesConcluding that no showing of scienter had been made where defendants allegedly committed fraud to inflate stock price yet waited for weeks while the stock price slid downward before selling their stock
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 357,280 times 950 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,372 times 26 Legal AnalysesHolding "[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."
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,013 times 16 Legal AnalysesAllowing service by filing papers with the court's electronic-filing system