§Why CasetextPricing

Tom Shepardson v. Skilled Healthcare Group, Inc. et al

MEMORANDUM in Opposition to Defendants' Motion to Dismiss

82 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,697 times   365 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' "

  3. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,121 times   104 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Ernst Ernst v. Hochfelder

    425 U.S. 185 (1976)   Cited 3,485 times   39 Legal Analyses
    Holding that Section 9(f) “contains a state-of-mind condition requiring something more than negligence”

  5. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 4,890 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

  6. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,200 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

  7. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 2,905 times   4 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"

  8. Herman MacLean v. Huddleston

    459 U.S. 375 (1983)   Cited 1,311 times   11 Legal Analyses
    Holding that an express remedy under § 11 of the 1933 Act for misleading registration statements did not preclude an overlapping implied private cause of action for fraudulent misrepresentation under § 10(b) of the 1934 Act

  9. Lormand v. US Unwired, Inc.

    565 F.3d 228 (5th Cir. 2009)   Cited 2,079 times   1 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"

  10. Zucco Partners, LLC v. Digimarc Corp.

    552 F.3d 981 (9th Cir. 2009)   Cited 1,319 times   7 Legal Analyses
    Holding that "[m]ere conclusory allegations" about the resignations of company executives did not, without more, give rise to a strong inference of scienter

  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 345,981 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,465 times   48 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  13. Section 78t - Liability of controlling persons and persons who aid and abet violations

    15 U.S.C. § 78t   Cited 3,983 times   20 Legal Analyses
    Holding liable any person "who, directly or indirectly, controls any person liable under any provision of this chapter or of any rule or regulation thereunder"

  14. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,113 times   85 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  15. Section 77o - Liability of controlling persons

    15 U.S.C. § 77o   Cited 804 times   8 Legal Analyses
    Imposing liability on persons who "control[] any person liable" under §§ 11 or 12

  16. Section 230.405 - [Effective 7/1/2024] Definitions of terms

    17 C.F.R. § 230.405   Cited 351 times   12 Legal Analyses
    Defining control the same way