Elijah Roberson v. State of Indiana (mem. dec.)

How courts have described this case

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

• finding that statements about “strong” and “record” financial results, as well as the generally optimistic statements, constituted puffery because they “are not determinate, verifiable statements.”
• considering Form 4s in deciding motion to dismiss and noting “it can take judicial notice of the public filings showing that the challenged sales by the defendants were made pursuant to 10b5-1 plans”
• “significant accounting errors [are] insufficient by [themselves] to give rise to a strong inference of scienter”
• certification of SEC filing cannot plead scienter in the absence of factual allegations of intent to deceive investors by the individual defendant
• “[T]o strengthen an inference of scienter, there must be particularized allegations connecting the [alleged issue] to the alleged fraud.”
• “The inferential force of a restatement is lessened when the plaintiff fails to plead particularized allegations of fraudulent intent.”

Source: CourtListener parenthetical corpus (CC0).