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Must allege motive & opportunity or strong circumstancial evidence of scienter
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Whether motive & opportunity enough in private actions: Cross-reference
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Contribution Suggestions
vouch for authority for rule...
In determining whether the plaintiff has alleged facts giving rise to a strong inference of scienter, a court evaluates the scienter allegations in...ACA Financial Corp. v. Advest, Inc., 512 F.3d 46, 51 (1st Cir. 2008).
in support of
In determining whether the plaintiff has alleged facts giving rise to a strong inference of scienter, a court evaluates the scienter allegations in the context of the entire complaint.vouch for authority for rule...
Venue is proper in a criminal or civil proceeding to enforce Rule 10b-5 in any district in which any act or transaction constituting the violation...Olympic Capital Corp. v. Newman, 276 F. Supp. 646, 651 (C.D. Cal. 1967).
in support of
Venue is proper in a criminal or civil proceeding to enforce Rule 10b-5 in any district in which any act or transaction constituting the violation occurred.vouch for authority for rule...
Whether a financial statement was or was not in accordance with GAAP is not determinative as to whether it was false or misleading.See Ezra Charitable Trust v. Tyco International, 466 F.3d 1, 10 (1st Cir. 2006) (affirming dismissal for failure to plead scienter).
in support of
Whether a financial statement was or was not in accordance with GAAP is not determinative as to whether it was false or misleading.