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Browse: Home / Motion to Dismiss

Motion to Dismiss

Zynga must face U.S. lawsuit alleging fraud tied to IPO | Reuters

By Securities Docket on March 27, 2015, 9:00 am

Ruling 13 months after dismissing an earlier version of the lawsuit, U.S. District Judge Jeffrey White in San Francisco said on Wednesday that shareholders could pursue claims that Zynga concealed declining user activity, masked how changes in a Facebook Inc platform for its games would affect demand and inflated its 2012 revenue forecast. via Zynga […]

Posted in Class Actions, Top | Tagged Motion to Dismiss

Consumers can sue Target Corp over data breach: judge | Reuters

By Securities Docket on December 23, 2014, 12:15 pm

U.S. District Judge Paul Magnuson in St. Paul, Minnesota, on Thursday dismissed claims by plaintiffs in certain states but largely denied Target’s request to toss the proposed class action lawsuit. via Consumers can sue Target Corp over data breach: judge | Reuters

Posted in Class Actions, Top | Tagged Motion to Dismiss

Ineffective Motions to Dismiss Erode the Power of the Reform Act — D&O Discourse

By Securities Docket on April 1, 2014, 7:02 am

I was recently asked about the biggest threats to the Reform Act’s protections, and have since been giving that question a lot of thought.  To be blunt, the biggest threat is the failure by many defense firms to make rigorous arguments on motions to dismiss that hold plaintiffs to the strict pleading standards of the […]

Posted in Class Actions | Tagged Motion to Dismiss, Web Watch

JPM must face shareholders’ ‘Whale’ lawsuit: Judge — New York Post

By Securities Docket on April 1, 2014, 7:01 am

JPMorgan Chase must face a lawsuit in which shareholders accused it of concealing risks that surfaced when it lost at least $6.2 billion in 2012 over trades made by Bruno Iksil, the so-called London Whale. via JPM must face shareholders’ ‘Whale’ lawsuit: Judge — New York Post

Posted in Class Actions, Industry, Top | Tagged Motion to Dismiss

Analyzing Securities Motions to Dismiss — Class Action Countermeasures

By Securities Docket on February 6, 2014, 7:05 am

University of Idaho law professor Wendy Gerwick Couture has published an interesting working paper analyzing a data set of dismissal opinions from securities fraud class actions: Around the World of Securiteis Fraud in 80 Motions to Dismiss. The paper is a quick read, distilling her data into eight major observations. via Analyzing Securities Motions to Dismiss […]

Posted in Class Actions, Top | Tagged Motion to Dismiss, Reports

HP, Whitman Must Face Investor Suit Over Autonomy – Bloomberg

By Securities Docket on November 27, 2013, 8:26 am

U.S. District Judge Charles Breyer in San Francisco said today investors can proceed with claims against Whitman over statements she made in May and June of 2012 about the British software company. Whitman “omitted material information which the complaint alleges she possessed at the time, namely that she was considering accounting fraud at Autonomy” as […]

Posted in Class Actions | Tagged Motion to Dismiss

Effective Securities Litigation Defense Requires a High Thought-to-Action Ratio — D&O Discourse

By Securities Docket on May 29, 2013, 8:02 am

I recently had occasion to review a number of motion-to-dismiss rulings, including some in which denial of the motion seemed to be an easy call.  I’ve since been mulling over whether there are circumstances in which it would be strategically advantageous not to make a motion to dismiss in a Reform Act case, or a […]

Posted in Class Actions | Tagged Motion to Dismiss, Web Watch

Judge Guts BP Securities Class Action But Allows Some Claims to Proceed

Judge Guts BP Securities Class Action But Allows Some Claims to Proceed

By Securities Docket on February 14, 2012, 1:42 pm

Court limits case to claims by purchasers of American Depositary Receipts.

Posted in Class Actions, Top | Tagged Class Certification, Motion to Dismiss

Maynard Jenkins Fires Back at SEC in Clawback Case

Maynard Jenkins Fires Back at SEC in Clawback Case

By Securities Docket on September 25, 2009, 11:39 am

Jenkins’ motion to dismiss complains of “Draconian penalty on an admittedly innocent person.”

Posted in SEC | Tagged Clawback, Motion to Dismiss | 1 Response

SDNY Denies Moody's Motion to Dismiss Securities Class Action

SDNY Denies Moody’s Motion to Dismiss Securities Class Action

By Securities Docket on February 24, 2009, 6:45 am

On Monday, Judge Shirley Wohl Kram of the U.S. District Court for the SDNY denied Moody’s motion to dismiss a securities class action filed against the company.  Reuters reports that the case accuses the company and CEO Raymond McDaniel of making false and misleading statements in order to artificially bolster Moody’s stock price, and of […]

Posted in Class Actions | Tagged Motion to Dismiss, Rating agencies

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