· 6/29/2001
In Re Livent, Inc. Noteholders Securities Litig.
Citations
- 151 F. Supp. 2d 371
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that Rule 8 does not “grant[ ] plaintiffs license to plead inconsistent assertions of facts within the allegations that serve as the factual predicates for an independent, unitary claim”
- noting that on a motion to dismiss, the Court may consider “documents that, while not explicitly incorporated into the complaint, are ‘integral’ to plaintiff’s claims and were relied upon in drafting the complaint.”
- noting that a court is not required to “accept as truth . . . pleadings . . . that are contradicted . . . by facts of which the court may take judicial notice” (collecting cases)
- “Accordingly, if no alternative claim sufficiently stands alone, the pleading flexibility the [r]ule extends is unavailing.”
- granting a motion to dismiss where “the allegations of fraud [were] internally self-contradictory, and the inconsistencies defeat[ed] a reasonable inference that the requisite scienter standard the pleadings must demonstrate ha[d] been satisfied.”
- “[A] court need not feel constrained to accept as truth conflicting pleadings. . . that are contradicted [] by statements in the complaint itself[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Marrero
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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