· 9/29/2000
Joan C. Howard v. Everex Systems, Inc., Steven L.W. Hui Michael C.Y. Wong Wong's International (Holdings) Limited Gatcombe Corp. N.V.
Citations
- 228 F.3d 1057
- 2000 Cal. Daily Op. Serv. 8035
- 2000 Daily Journal DAR 10693
- 2000 U.S. App. LEXIS 23973
- 2000 WL 1434618
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a defendant can be held liable when it knowingly participates in the creation of a false or misleading statement
- holding that the heightened pleading requirements of the PSLRA are inapplicable to a motion for summary judgment or a motion for judgment as a matter of law
- finding actual authority over the preparation and presentation to the public of financial statements signed by director/defendant sufficient to make prima facie case of a controlling person
- outlining recklessness as the scienter required for Section 10(b) or 17(a)(1)
- “ ‘[F]act-specific issues . . . should ordinarily be left to the trier of fact [though] summary judgment may be granted in appropriate cases.’ ”
- “[W]hen a corporate officer signs a document on behalf of the corporation, that signature will be rendered meaningless unless the officer believes that the statements in the document are true.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sneed, Schroeder, Tashima
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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