In Re FirstEnergy Corp. Securities Litigation

How courts have described this case

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

• dismissing arguments raised by defendants for the first time in their reply briefs supporting their motion to dismiss
• the fact that defendants’ accounting practices resulted in such enormous overstatements of revenue for several years further supported an inference of scien-ter
• “[T]he Sarbanes-Oxley Act is expressly limited to claims of fraud, deceit, manipulation or contrivance. Since fraud is not a required element for claims under §§ 11 or 12(a)(2
• exhibits excluded because defendant failed to demonstrate how plaintiff relied on the proffered exhibits, which were not explicitly referenced in the 6 29, 2012
• “since the purpose of a restatement is to correct an error in a previously-issued financial statement ... by definition then, a restatement says that the prior financial statement was false”
• “It is well-established that a party cannot raise new issues in a reply brief; he can only respond to arguments raised for the first time in opposition.”

Source: CourtListener parenthetical corpus (CC0).