14 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Janus Capital Group Inc. v. First Derivative Traders
564 U.S. 135 (2011) Cited 582 times 104 Legal Analyses
Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”
Reese v. BP Exploration (Alaska) Inc.
643 F.3d 681 (9th Cir. 2011) Cited 666 times 3 Legal Analyses
Holding that an interlocutory appeal would materially advance resolution of litigation where reversal by the appellate court would dismiss one defendant and resolve multiple claims against all defendants, even though it would not resolve the entire case
PR Diamonds, Inc. v. Chandler
364 F.3d 671 (6th Cir. 2004) Cited 361 times
Holding that the defendants' access to financial reports and control over public earnings statements were insufficient to support a finding of scienter absent more particular facts
In State Dist. Cnl. of Labr. v. Omni
583 F.3d 935 (6th Cir. 2009) Cited 154 times 3 Legal Analyses
Holding a statement about "growth outlook" immaterial because it "call[ed] attention to its [own] predictive character"
Miller v. Champion Enterprises, Inc.
346 F.3d 660 (6th Cir. 2003) Cited 173 times
Holding that statements speaking of earnings estimates and enhancement projections or objectives are "classically forward-looking"
In re Ford Motor Co. Securities Litigation
381 F.3d 563 (6th Cir. 2004) Cited 140 times
Holding that the statement that “Ford is a worldwide leader in automotive safety” is non-actionable puffery
In re Digital Island Securities Litigation
223 F. Supp. 2d 546 (D. Del. 2002) Cited 49 times
Holding that service as directors, by itself, is insufficient to demonstrate control pursuant to Section 20 absent specific allegations regarding management responsibilities
Desai v. General Growth Properties, Inc.
654 F. Supp. 2d 836 (N.D. Ill. 2009) Cited 32 times
Finding that to determine whether a statement was accompanied by meaningful cautionary language, courts can consider cautionary statements that either accompanied the forward-looking statement or were incorporated by reference
In re Regions Morgan Keegan Securities, Derivative
743 F. Supp. 2d 744 (W.D. Tenn. 2010) Cited 7 times
Showing Polk signed a memorandum in support of a motion to dismiss charges against control person defendants because “[m]erely stating that [a defendant] was a control person by virtue of his or her position as an officer or director does not suffice” for liability
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Willis et al v. Morgan Keegan & Company, Inc. et al

14 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that a mutual fund adviser may not be found liable for a mutual fund's violation of SEC Rule 10b–5, in part because of “the narrow scope that [courts] must give the implied private right of action”

Holding that an interlocutory appeal would materially advance resolution of litigation where reversal by the appellate court would dismiss one defendant and resolve multiple claims against all defendants, even though it would not resolve the entire case

Holding that the defendants' access to financial reports and control over public earnings statements were insufficient to support a finding of scienter absent more particular facts

Holding a statement about "growth outlook" immaterial because it "call[ed] attention to its [own] predictive character"

Holding that statements speaking of earnings estimates and enhancement projections or objectives are "classically forward-looking"

Holding that the statement that “Ford is a worldwide leader in automotive safety” is non-actionable puffery

Holding that service as directors, by itself, is insufficient to demonstrate control pursuant to Section 20 absent specific allegations regarding management responsibilities

Finding that to determine whether a statement was accompanied by meaningful cautionary language, courts can consider cautionary statements that either accompanied the forward-looking statement or were incorporated by reference

Showing Polk signed a memorandum in support of a motion to dismiss charges against control person defendants because “[m]erely stating that [a defendant] was a control person by virtue of his or her position as an officer or director does not suffice” for liability

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."