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· 10/20/1958

Lavino Shipping Co. v. Donovan

Citations

  • 166 F. Supp. 909
  • 1958 U.S. Dist. LEXIS 3626

How courts have described this case

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

  • concluding a class period end date occurred the date prior to the disclosure
  • involving particularized confidential-witness allegations that attributed knowledge of specific issues to specific individual defendants
  • “[A] failure to maintain sufficient internal controls to avoid fraud is sufficiently indicative of scienter.”
  • “Pursuant to the judicially-created ‘bespeaks caution’ doctrine, certain alleged misrepresentations, which are accompanied by meaningful cautionary statements, are considered immaterial as a matter of law.”
  • plaintiffs alleged that the subject company’s “accounting department was dramatically reduced,” allowing “defendants to conceal accounting improprieties and false financial reporting”
  • the bespeaks caution doctrine “applies only where the cautionary language is reasonably specific as opposed to generic or boilerplate so as to constitute a real warning to investors”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clary

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.