30 Cited authorities

  1. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 2,987 times   233 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance
  2. TSC Industries, Inc. v. Northway, Inc.

    426 U.S. 438 (1976)   Cited 2,270 times   26 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"
  3. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 3,461 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
  4. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,275 times   1 Legal Analyses
    Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim
  5. Branch v. Tunnell

    14 F.3d 449 (9th Cir. 1994)   Cited 2,581 times
    Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"
  6. Securities v. Zandford

    535 U.S. 813 (2002)   Cited 454 times   16 Legal Analyses
    Holding that the SEC may bring a public enforcement action against a broker who accepted payment for securities that he never delivered
  7. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,568 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
  8. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,315 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"
  9. Moore v. Kayport Package Exp., Inc.

    885 F.2d 531 (9th Cir. 1989)   Cited 1,509 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"
  10. Parrino v. FHP, Inc.

    146 F.3d 699 (9th Cir. 1998)   Cited 1,075 times   3 Legal Analyses
    Holding that the district court properly considered documents attached to a motion to dismiss that described the terms of plaintiff's group health insurance plan, where plaintiff alleged membership in the plan, his claims depended on the conditions described in the documents, and plaintiff never disputed their authenticity
  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 267,561 times   779 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 21,614 times   26 Legal Analyses
    Holding "[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."
  13. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 11,299 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 77q - Fraudulent interstate transactions

    15 U.S.C. § 77q   Cited 2,820 times   30 Legal Analyses
    Prohibiting the use of "any device, scheme, or artifice to defraud" in connection with the offer or sale of any security
  15. Section 77 - Discrimination against neutral Americans in time of war

    15 U.S.C. § 77   Cited 1,690 times   7 Legal Analyses
    Granting right of recovery to " any person acquiring such security (unless it is proved that at the time of such acquisition he knew of such untruth or omission)"
  16. Section 80b-6 - Prohibited transactions by investment advisers

    15 U.S.C. § 80b-6   Cited 515 times   19 Legal Analyses
    Making it unlawful for investment advisers to, among other things, defraud their clients or prospective clients
  17. Section 11 - Forfeiture of property in transit

    15 U.S.C. § 11   Cited 19 times

    Any property owned under any contract or by any combination, or pursuant to any conspiracy, and being the subject thereof, mentioned in section 8 of this title, imported into and being within the United States or being in the course of transportation from one State to another, or to or from a Territory or the District of Columbia, shall be forfeited to the United States, and may be seized and condemned by like proceedings as those provided by law for the forfeiture, seizure, and condemnation of property