VIEW TREE
ICON KEY
81:false:false:false:false:false:false:true:false:false:!:false:-1:-1
Pleading scienter in a civil enforcement action by the government for a Rule 10b-5 violation.
Add Comment
Contributed in 2008 by David Gold
Browse from Gov't need not show loss causation
Law
»
Commerce, labor, particular activities & industries
»
Securities
»
Liability & enforcement
»
Fraud claims
»
SEC Rule 10b-5
»
Procedure
»
District court
»
Pleadings
»
Pleading standards
»
Special issues
»
Pleading scienter
»
Government enforcement
»
Civil: Pleading scienter in...
Narrow Down
Contribution Suggestions
vouch for authority for rule...
A plaintiff cannot establish liability in a claim brought under Rule 10b-5 without showing the materiality of the alleged misstatement or omission.Thomas v. Metropolitan Life Insurance Co., 540 F. Supp. 2d 1212, 1221 (W.D. Okla. 2008) (holding that "[b]y failing to link plaintiffs' purchases and resulting damages to the class period in question, plaintiffs have failed to meet the materiality requirements that apply to their securities claims").
in support of
A plaintiff cannot establish liability in a claim brought under Rule 10b-5 without showing the materiality of the alleged misstatement or omission.vouch for authority for rule...
Pursuant to the Private Securities Litigation Reform Act, a plaintiff in a private civil action claiming a Rule 10b-5 violation can withstand a...Galvin v. McCarthy, 545 F. Supp. 2d 1176, 1186 (D. Colo. 2008).
in support of
Pursuant to the Private Securities Litigation Reform Act, a plaintiff in a private civil action claiming a Rule 10b-5 violation can withstand a motion to dismiss only by pleading with particularity facts supporting a strong inference of scienter.vouch for authority for rule...
In assessing reliance it is relevant whether the defendant's deception made the fraud necessary or inevitableSee Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc., 128 S. Ct. 761, 770 (2008) (holding that plaintiff failed to plead reliance by alleging that defendant's deceptive conduct was reflected in issuer's false financial statements, because it issuer, not defendant, that filed the...
in support of
In assessing reliance it is relevant whether the defendant's deception made the fraud necessary or inevitable