· 9/30/2011
FindWhat Investor Group v. FindWhat. Com
Citations
- 658 F.3d 1282
- 2011 U.S. App. LEXIS 19887
- 2011 WL 4506180
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a defendant’s alleged motive to meet Wall Street’s revenue expectations was insufficient to establish scienter
- holding that a statement is actionable when it could “mislead a reasonable investor into believing” an untrue fact
- holding that, to avoid being misleading, statements of fact “triggered a duty to disclose [any] grave defects that existed within the [relationship and services] [ ] voluntarily touted”
- ruling that plaintiff’s allegations are conclusory and plainly lack sufficient particularity to create a strong inference of scienter where plaintiff alleges it was “commonly known” that defendants engaged in irregularities
- explaining that \loss causation\ requires proof that the fraud is the \proximate cause of the plaintiff's later losses\
- stating that Defendants’ statements triggered a duty to disclose the grave defects that existed within the enforcement system they voluntarily touted
Source: CourtListener parenthetical corpus (CC0).
Judges: Hull, Marcus, Cooke
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.