Cohen v. Viray Ex Rel. DHB Industries, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that “[SOX] ... outlaws fraud and deception by managers in the auditing process” (quoting S. Rep. No. 107-205, at 23 (2002) (internal quotation marks omitted)
• holding no basis to infer a right of action under SOX other than those that expressly “do provide a private cause of action”
• finding indemnification clause in settlement agreement 5 impermissibly usurped SEC’s “sole[]” statutory authority to both enforce, and grant 6 exemption under, section 304 of the Sarbanes-Oxley Act
• “Congressional intent is the keystone as to whether a federal private right of action exists for a federal statute. Without a showing of congressional intent, a cause of action does not exist.’ ”
• “The inclusion of a specific provision [creating a private cause of action] elsewhere in the statute suggests that omission of any explicit private right to enforce other sections was intentional.” (internal citations and quotation marks omitted)
• “In considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6), a district court may consider the facts alleged in the complaint, documents attached to the complaint as exhibits, and documents incorporated by reference in the complaint.”

Source: CourtListener parenthetical corpus (CC0).