§Why CasetextPricing

Vanleeuwen et al v. Keyuan Petrochemicals Inc et al

MEMORANDUM in Support of MOTION to Dismiss Case 69

76 Cited authorities

  1. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,348 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  2. Dura Pharmaceuticals v. Broudo

    544 U.S. 336 (2005)   Cited 3,593 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”

  3. Matrixx Initiatives, Inc. v. Siracusano

    563 U.S. 2011 (2011)   Cited 1,396 times   59 Legal Analyses
    Holding that plaintiffs had adequately pled a Rule 10b–5 claim—where defendant had disputed the sufficiency of the allegations with respect to the elements of scienter and materiality—by alleging that defendant had forestalled a stock price drop by making affirmative statements confirming the market's impression that defendant's leading product was safe, despite defendant's awareness of evidence suggesting a significant risk that the nasal spray led to loss of sense of smell; when the risk was finally (belatedly) disclosed, the stock price plummeted

  4. Basic Inc. v. Levinson

    485 U.S. 224 (1988)   Cited 3,379 times   310 Legal Analyses
    Holding that the District Court appropriately certified the class based on the presumption of reliance

  5. Pagtalunan v. Galaza

    291 F.3d 639 (9th Cir. 2002)   Cited 4,582 times   1 Legal Analyses
    Holding that, on a 41(b) motion, it is within the district court's discretion to decide whether to dismiss when the balance is close

  6. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,912 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  7. Yourish v. California Amplifier

    191 F.3d 983 (9th Cir. 1999)   Cited 3,844 times
    Holding that a district court that had granted leave to amend the complaint did not abuse its discretion by dismissing entire action when plaintiff failed to replace a defective complaint

  8. Affiliated Ute Citizens v. United States

    406 U.S. 128 (1972)   Cited 1,635 times   34 Legal Analyses
    Holding bank jointly and severally liable with its employees, without explanation

  9. Chiarella v. United States

    445 U.S. 222 (1980)   Cited 983 times   40 Legal Analyses
    Holding that duty to disclose under Rule 10b-5 arises from fiduciary relationship

  10. Sparling v. Daou

    411 F.3d 1006 (9th Cir. 2005)   Cited 1,305 times   5 Legal Analyses
    Holding that scienter is an element of § 10(b) claim

  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 354,229 times   943 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,500 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,507 times   55 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  16. Section 78u-4 - Private securities litigation

    15 U.S.C. § 78u-4   Cited 7,592 times   52 Legal Analyses
    Granting courts authority to permit discovery if necessary "to preserve evidence or to prevent undue prejudice to" a party

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

    15 U.S.C. § 78t   Cited 4,022 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"

  18. Section 78aa - Jurisdiction of offenses and suits

    15 U.S.C. § 78aa   Cited 2,338 times   20 Legal Analyses
    Granting "[t]he district courts of the United States . . . exclusive jurisdiction [over] violations of [the Exchange Act of 1934] or the rules and regulations thereunder, and of all suits in equity and actions at law brought to enforce any liability or duty created by [the Exchange Act of 1934] or the rules and regulations thereunder."

  19. Section 240.10b-5 - Employment of manipulative and deceptive devices

    17 C.F.R. § 240.10b-5   Cited 9,272 times   135 Legal Analyses
    Holding liable any person who "make any untrue statement of material fact"