§Why CasetextPricing

Securities And Exchange Commission v. Mercury Interactive LLC et al

Memorandum in Opposition re MOTION to Dismiss and Motion For A More Definite Statement; Memorandum of Points and Authorities in Support Thereof, 45 MOTION to Dismiss Defendant Sharlene Abrams' Motion to Dismiss

73 Cited authorities

  1. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,562 times   7 Legal Analyses
    Holding that the right of expression does not permit selecting law firm partners in violation of Title VII

  2. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,878 times   34 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

  3. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,415 times   313 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  4. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,090 times   14 Legal Analyses
    Holding that an organization suffers injury in fact when its key activities are "perceptibly impaired" and its resources "consequent[ly] drain[ed]"

  5. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,355 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  6. Aaron v. Securities & Exchange Commission

    446 U.S. 680 (1980)   Cited 789 times   27 Legal Analyses
    Holding that scienter is an element of Section 10(b), Rule 10b-5, and Section 17, but not Section 17 or

  7. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,728 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

  8. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,272 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"

  9. Badaracco v. Commissioner

    464 U.S. 386 (1984)   Cited 436 times   6 Legal Analyses
    Holding that "an amended return is a creature of administrative origin and grace"

  10. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 824 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

  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 361,353 times   960 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 163,831 times   197 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 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,422 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  15. Section 78a - Short title

    15 U.S.C. § 78a   Cited 1,743 times   40 Legal Analyses
    Emphasizing considerations of federalism in SLUSA's legislative findings

  16. Section 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 718 times   262 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise

  17. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,396 times   136 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"

  18. Section 240.17a-3 - Records to be made by certain exchange members, brokers and dealers

    17 C.F.R. § 240.17a-3   Cited 73 times   6 Legal Analyses

    This section applies to the following types of entities: A member of a national securities exchange who transacts a business in securities directly with others than members of a national securities exchange; a broker or dealer who transacts a business in securities through the medium of a member of a national securities exchange; a broker or dealer, including an OTC derivatives dealer as that term is defined in § 240.3b-12 , registered pursuant to section 15 of the Act (15 U.S.C. 78 o); a security-based

  19. Section 229.402 - (Item 402) Executive compensation

    17 C.F.R. § 229.402   Cited 17 times   2 Legal Analyses
    Requiring disclosure of CEO compensation, including "perquisites and other personal benefits"