Henderson v. Unum Life Insurance Co. of America

How courts have described this case

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

• holding that scienter was properly alleged where the company’s external auditor’s resignation cited the lack of “tangible progress” on corporate governance issues he had previously raised
• noting that truth of a short seller’s report is a factual issue not appropriate for resolution on a motion to dismiss
• finding that plaintiffs had pled a number of “red flags” that raised finding of corporate scienter where plaintiffs alleged, among other things, that investigators had visited defendants’ facilities and found no employees working there
• dismissing Section 20(a) claim where plaintiffs “plead[ed] only general and conclusory allegations” against corporate entities, “failing to set forth particularized facts establishing their culpable participation in [the] alleged fraud”
• finding allegation that defendant had reported “drastically different income and revenue figures with the [Securities and Exchange Committee] and the [Chinese Administration of Industry and Commerce]” sufficient to allege corporate scienter
• considering a short seller report in denying defendant company’s motion to dismiss

Source: CourtListener parenthetical corpus (CC0).