· 10/10/2014
Ansfield v. Omnicare, Inc. (In Re Omicare, Inc. Securities Litigation)
Citations
- 769 F.3d 455
- 2014 WL 5066826
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that any purported knowledge on the part of executives not alleged to have participated in formulating the challenged statements cannot support scienter
- holding that, “if public records refute a plaintiff’s claim, a defendant may attach those documents to its motion to dismiss, and a court can then consider them in resolving the Rule 12(b)(6
- holding that a court may take judicial notice of the existence of SEC filings but “could not consider the statements contained in [SEC filings] for the truth of the matter asserted” at the motion to dismiss stage
- noting that a subsequent case’s “qualifi[cation]” of “overly broad language” and “clarification of the standard” from a previous case does not violate the prior-panel rule
- finding that judicial notice “applies to appellate courts taking judicial notice of facts supported by documents not included in the record on appeal”
- noting that Federal Rule of Evidence 201 allows courts to take notice “of facts not subject to reasonable dispute”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boggs, Moore, Barrett
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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