Glazer Capital Management, LP v. Magistri

How courts have described this case

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

• stating that a complaint must “plead scienter with respect to those individuals who actually made the false statements”
• finding that allegations 15 of a “hands-on” management style were not sufficient to create inference of scienter
• holding “the mere size and nature of [the] business are not sufficient to create a strong 1 adequately alleged through the core operations theory. See Mulligan v. Impax Lab’ys, Inc., 36 2 F.Supp.3d 942, 969 (N.D. Cal. 2014
• finding no strong inference of scienter on the part of the company CEO 7 in the absence of facts showing he was personally aware of illegal payments or that he 8 was actively involved in details of the company’s sales
• finding a statement regarding “compliance in all material respects with all laws” to be actionably false when the complaint points to an SEC cease and desist order issued 11 months later detailing violations of Section 13 of the Exchange Act and the Foreign Corrupt Practices Act
• plaintiff had to plead an individual defendant had the scienter 14 when securities fraud claim rested on three statements, “all of which appear in a sixty-page legal 15 document”

Source: CourtListener parenthetical corpus (CC0).