Desai v. General Growth Properties, Inc.

How courts have described this case

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

• finding that to determine whether a statement was accompanied by meaningful cautionary language, courts can consider cautionary statements that either accompanied the forward-looking statement or were incorporated by reference
• listing of principal contingencies which led to decline in stock price enough to trigger safe harbor
• rejecting the argument “that publication of an ethics code on a website is equivalent to a representation that the code is not being violated”
• “While a Court cannot ‘presume’ scienter, a strong inference of scienter may still be credited where ‘it is almost inconceivable’ that an individual defendant would be unaware of the matters at issue.”
• “While a court cannot ‘presume’ scienter, a strong inference of scienter may still be credited where it is almost inconceivable that an individual defendant would be unaware of the matters at issue.”

Source: CourtListener parenthetical corpus (CC0).