· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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