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· 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 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.