§Why CasetextPricing

Town of Davie Police Pension Plan v. Pier 1 Imports Inc et al

Brief/Memorandum in Support

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,436 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  3. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,614 times   67 Legal Analyses
    Holding that the securities statutes have a private of action “not to provide investors with broad insurance against market losses, but to protect them against those economic losses that misrepresentations actually cause”

  4. Southland Securities v. Inspire Ins. Solutions

    365 F.3d 353 (5th Cir. 2004)   Cited 1,179 times   9 Legal Analyses
    Holding that when determining whether a statement made by a corporation was made with scienter it is “appropriate to look to the state of mind of the individual corporate official or officials who make or issue the statement ... rather than generally to the collective knowledge of all the corporation's officers and employees”

  5. Rosenzweig v. Azurix Corp.

    332 F.3d 854 (5th Cir. 2003)   Cited 1,018 times   3 Legal Analyses
    Holding that district court did not abuse discretion in denying motion to amend complaint where "plaintiffs did not attach a proposed amended complaint," leaving district court to "speculate" about how additional facts might amount to a legal claim

  6. DiLeo v. Ernst Young

    901 F.2d 624 (7th Cir. 1990)   Cited 1,599 times   3 Legal Analyses
    Holding accountants owe no duty "to search and sing"

  7. Williams v. WMX Technologies, Inc.

    112 F.3d 175 (5th Cir. 1997)   Cited 1,053 times
    Holding Rule 9(b) requires a plaintiff plead the "who, what, when, where, and how" of the alleged fraud

  8. Tuchman v. DSC Commc'ns Corp.

    14 F.3d 1061 (5th Cir. 1994)   Cited 1,154 times   1 Legal Analyses
    Holding that motive to inflate stock price and value of defendants investments was insufficient to establish scienter under Rule 9(b)

  9. Garfield v. NDC Health Corp.

    466 F.3d 1255 (11th Cir. 2006)   Cited 692 times   1 Legal Analyses
    Holding that a dismissal can be final even before leave to amend expires

  10. R2 Investments LDC v. Phillips

    401 F.3d 638 (5th Cir. 2005)   Cited 722 times
    Holding that circumstantial evidence of scienter must be greater where a clear motive for alleged misstatements or omissions is not alleged

  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 357,280 times   950 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 161,761 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 39,838 times   331 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,653 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

  15. Section 78u-5 - Application of safe harbor for forward-looking statements

    15 U.S.C. § 78u-5   Cited 1,296 times   22 Legal Analyses
    Listing as an exclusion from the safe harbor "forward-looking statement in connection with a going private transaction"