LexisNexis® Legal Newsroom
Pleading Materiality and Scienter after Siracusano

The Ninth Circuit's discussion of scienter in Siracusano raises questions regarding the effect of product liability claims on plaintiffs' ability to plead defendants' "knowledge" of the alleged facts underlying those lawsuits. Practitioners will want to consider this case in determining...

Pleading Materiality and Scienter after Siracusano

The Ninth Circuit's discussion of scienter in Siracusano raises questions regarding the effect of product liability claims on plaintiffs' ability to plead defendants' "knowledge" of the alleged facts underlying those lawsuits. Practitioners will want to consider this case in determining...

Pleading Materiality And Scienter After Siracusano

The Ninth Circuit's discussion of scienter in Siracusano raises questions regarding the effect of product liability claims on plaintiffs' ability to plead defendants' "knowledge" of the alleged facts underlying those lawsuits. Practitioners will want to consider this case in determining...

Frank Aquila and Melissa Sawyer Speed Reading Series: Top 10 Considerations for Organizing M&A Due Diligence

Excerpt: Planning a significant due diligence process can be daunting, even for experienced deal makers. Some foresight and a little preparation can make the process go smoothly. Spending a few hours at the outset thinking through the process carefully can also save a client a tremendous amount of...

SEC’S Brief in Matrixx Initiatives: A Question of Materiality

The Commission filed its amicus curiae brief in Matrixx Initiatives, Inc. v. Siracusano , No. 09-1156 (S.Ct.), one of two securities cases the Supreme Court will hear this term. Matrixx centers on the proper test of materiality at the pleading stage. The other case is Janus Capital Group v. First...

Supreme Court Rules Materiality Not A Prerequisite To Certification In Securities Class Action Lawsuit

WASHINGTON, D.C. - (Mealey's) Materiality is not a prerequisite to class certification in a securities class action lawsuit where the plaintiffs are seeking monetary damages for alleged violations of Sections 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule...

U.S. Supreme Court Rules Securities Class Action Plaintiffs Need Not Prove Materiality for Class Certification

In a much anticipated ruling in the Amgen securities class action litigation, the U.S. Supreme Court, in a 6-3 majority opinion written by Justice Ginsburg, held that a securities plaintiff is not required to prove that the allegedly misleading statements are material as a prerequisite to class certification...

High Court Rules In Amgen Securities Class Action That Plaintiffs Not Required To Prove Materiality For Certification

In a much anticipated ruling in the Amgen securities class action litigation, the U.S. Supreme Court, in a 6-3 majority opinion written by Justice Ginsburg, held that a securities plaintiff is not required to prove that the allegedly misleading statements are material as a prerequisite to class certification...

Knowingly, Willfully and Materiality

In United States v. Phillips , ___ F.3d ___, 2013 U.S. App. LEXIS 18430 (7th Cir. 2013) (en banc), here , the Seventh Circuit reversed convictions under "18 U.S.C. § 1014 [ enhanced version available to lexis.com subscribers ], which criminalizes 'knowingly mak[ing] any false statement...

CA8 on Credibility, Frivolousness, Materiality: Limbeya v. Holder

"Boendi Limbeya, a citizen of the Democratic Republic of Congo (DRC), petitions for review of an order of removal from the Board of Immigration Appeals (BIA). Limbeya filed an application for asylum in 2005. Following a hearing, an Immigration Judge (IJ) found his application frivolous, denied all...