· 12/5/2008
J & R MARKETING, SEP v. General Motors Corp.
Citations
- 549 F.3d 384
- 2008 U.S. App. LEXIS 25162
- 2008 WL 5101325
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that registrants’ disclosure obligations under Section 11 include duty under Item 303 to make forward-looking projections regarding information known to registrant
- finding that if, prior to class certification the named plaintiffs’ individual claims fail, then dismissal is proper
- dismissing complaint where allegations demonstrated information was knowable, not known, to defendants, because “duty of disclosure arising from Item 303 does require knowledge”
- duty to disclose not properly alleged when plaintiffs fail to assert that trend was “known” by company
- “If it is found, prior to class certification, that the named plaintiffs’ individual claims are without merit, then dismissal is proper.”
- “If it is found, prior to class certification, that the named plaintiffs’ individual claims are without merit, then dismissal is proper.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy, Martin, Cole
Read full opinion on CourtListenerSourced 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.