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· 6/3/1987

Howard Wool v. Tandem Computers Incorporated, Robert C. Marshall, Henry v. Morgan, and James G. Treybig

Citations

  • 818 F.2d 1433
  • 8 Fed. R. Serv. 3d 91
  • 1987 U.S. App. LEXIS 6984
  • 56 U.S.L.W. 2012

How courts have described this case

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

  • holding that plaintiffs may plead on information and belief if matters are not within their personal knowledge
  • finding control where directors were involved in day-to-day activities and had direct involvement with alleged false statements
  • assuming that the group pleading doctrine survived the PSLRA
  • noting growing trend requires plaintiffs to plead only the circumstances establishing control
  • “the increment of artificial inflation caused by misrepresentations may fluctuate ‘as a result of market forces operating on the misrepresentations,’ ” quoting Green, 541 F.2d at 1345
  • “a plaintiff fulfills the particularity requirement of Rule 9(b) by pleading the misrepresentations with particularity and where possible the roles of the individual defendants in the misrepresentations”

Source: CourtListener parenthetical corpus (CC0).

Judges: Choy, Goodwin, Pregerson

Read full opinion on CourtListener

Sourced 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.