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· 10/27/2006

In Re Spectrum Brands, Inc. Securities Litigation

Citations

  • 461 F. Supp. 2d 1297
  • 2006 U.S. Dist. LEXIS 78766
  • 2006 WL 3250835

How courts have described this case

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

  • noting that the complaint did not contain any instances in which the defendants were present at any of the meetings where the alleged fraud was discussed
  • suggesting that indictment of a named defendant would be indicative of scienter
  • “A complaint alleging securities fraud must provide factual basis for allegations of scienter.” (emphasis added)
  • complaint did “not identify . . . any instances in which Edwards or Jones . . . were present for specifically identified meetings or communications in which channel-stuffing was specifically alleged to have been discussed”
  • allegation that customer “stores had multiple weeks of . . . inventory on their shelves” insufficient where complaint failed to further allege that “this level of inventory was unusually high for that time of year”

Source: CourtListener parenthetical corpus (CC0).

Judges: Duffey

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.