Kleinman v. Elan Corp., plc

How courts have described this case

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

• explaining that courts may “consider any written instrument attached to the complaint” on a motion to dismiss
• finding that plaintiffs’ disagreement with drug trial methodology and allegation that company “deviated from the established protocol” for such trials were insufficient to allege falsity
• holding dismissal of a plaintiff’s § 20(a) claim is appropriate when there is no underlying predicate violation of the Exchange Act
• holding dismissal of a plaintiff’s § 20(a) claim is appropriate when there is no underlying predicate violation of the Exchange Act
• holding there is no fraud where “a defendant’s competing analysis or interpretation of data is itself reasonable,” and identifying “no basis to believe that the [defendants’] statements regarding the control group were unreasonable”
• explaining that a word such as “encouraging” reflects inactionable puffery and optimism

Source: CourtListener parenthetical corpus (CC0).