Faltas v. McCants

How courts have described this case

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

• holding that section 113(h) bars a challenge based upon RCRA
• upholding Louisiana’s ban on electioneering within 600-foot radius of polling places
• under one approach towards pleading scienter adequately, “plaintiff can allege facts constituting circumstantial evidence of either reckless or conscious behavior” from which an intent may be inferred
• “We have recognized two distinct ways in which a plaintiff may plead scienter without direct knowledge of the defendant’s state of mind____ The second approach is to allege facts constituting circumstantial evidence of either recklessness or conscious behavior.”
• “[A] corporation is not required to disclose a fact merely because a reasonable investor would very must like to know that fact. Rather, an omission is actionable under the securities laws only when the corporation is subject to a duty to disclose the omitted facts.”

Source: CourtListener parenthetical corpus (CC0).