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Securities And Exchange Commission v. Mercury Interactive LLC et al

MOTION to Dismiss COMPLAINT PURSUANT TO F.R.C.P. 12

51 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,063 times   367 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' "

  2. Landgraf v. USI Film Prods.

    511 U.S. 244 (1994)   Cited 3,811 times   32 Legal Analyses
    Holding that a statute may apply retroactively when "clear congressional intent favor such a result"

  3. Jones v. R.R. Donnelley Sons Co.

    541 U.S. 369 (2004)   Cited 1,718 times   3 Legal Analyses
    Holding that four-year statute of limitations applies to § 1981 claim "made possible by" the 1991 amendments

  4. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,486 times   67 Legal Analyses
    Holding that materiality may be resolved at summary judgment "if the established omissions are so obviously important to an investor that reasonable minds cannot differ on the question of materiality"

  5. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,229 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. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,291 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim

  7. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,716 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

  8. Wool v. Tandem Computers Inc.

    818 F.2d 1433 (9th Cir. 1987)   Cited 2,041 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

  9. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,242 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"

  10. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 804 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 348,617 times   930 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 39,122 times   321 Legal Analyses
    Requiring that fraud be pleaded with particularity

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

    28 U.S.C. § 1658   Cited 2,386 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  14. Section 78p - Directors, officers, and principal stockholders

    15 U.S.C. § 78p   Cited 866 times   17 Legal Analyses
    Recognizing that information obtained by a director could be used in his capacity as a shareholder

  15. Section 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 711 times   262 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise

  16. Section 7243 - Forfeiture of certain bonuses and profits

    15 U.S.C. § 7243   Cited 71 times   8 Legal Analyses

    (a) Additional compensation prior to noncompliance with Commission financial reporting requirements If an issuer is required to prepare an accounting restatement due to the material noncompliance of the issuer, as a result of misconduct, with any financial reporting requirement under the securities laws, the chief executive officer and chief financial officer of the issuer shall reimburse the issuer for- (1) any bonus or other incentive-based or equity-based compensation received by that person from

  17. Section 240.16a-3 - Reporting transactions and holdings

    17 C.F.R. § 240.16a-3   Cited 53 times   1 Legal Analyses
    Requiring a Form 4 filing upon changes of beneficial ownership