§Why CasetextPricing

Teamsters Local 617 Pension & Welfare Funds v. Apollo Group, Inc et al

REPLY in Support re MOTION to Dismiss Counts/Claims : Against Individual Defendants

20 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Lormand v. US Unwired, Inc.

    565 F.3d 228 (5th Cir. 2009)   Cited 2,229 times   5 Legal Analyses
    Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"

  3. Paracor Finance, Inc. v. Gen. El. Cap. Corp.

    79 F.3d 878 (9th Cir. 1996)   Cited 572 times   2 Legal Analyses
    Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed

  4. In re Vantive Corp. Securities Litigation

    283 F.3d 1079 (9th Cir. 2002)   Cited 353 times
    Holding that, although a sale of 74% was suspicious, a strong inference was not raised because analysis of the remaining factors did not raise suspicion

  5. In re Countrywide Financial Corp. Securities Litigation

    588 F. Supp. 2d 1132 (C.D. Cal. 2008)   Cited 111 times   2 Legal Analyses
    Holding complaint persuasively alleges that "systematic changes in Countrywide came from the top down and pervaded virtually every office" because directors and officers allegedly were regularly provided "detailed exception statistics"

  6. In re Amgen Inc. Securities Litigation

    544 F. Supp. 2d 1009 (C.D. Cal. 2008)   Cited 79 times
    Holding that the group pleading presumption does not apply after the passage of the PSLRA

  7. In re Zoran Corp. Derivative Litigation

    511 F. Supp. 2d 986 (N.D. Cal. 2007)   Cited 68 times
    Holding plaintiffs alleged a strong inference of negligence with respect to stock backdating where defendants were "charged with ensuring compliance with accounting standards and making certain that financial statements and proxy statements were accurate"

  8. In re CNET Networks, Inc.

    483 F. Supp. 2d 947 (N.D. Cal. 2007)   Cited 58 times
    Holding that options issued pursuant to a plan were not backdated

  9. In re Hansen Natural Corp. Securities Litigation

    527 F. Supp. 2d 1142 (C.D. Cal. 2007)   Cited 49 times
    Holding that “the group pleading doctrine can no longer be used in pleading cases under the PSLRA,” and noting that “[t]his view is shared by numerous district courts within this circuit”

  10. In re Impac Mortg. Holdings, Inc. Securities Litigation

    554 F. Supp. 2d 1083 (C.D. Cal. 2008)   Cited 40 times
    Finding predictions regarding a company's projected loan production fell within the safe harbor provision because the company's "future income was dependent on loan production"

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,748 times   53 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party