Levi v. Atossa Genetics, Inc.

How courts have described this case

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

• holding that an “opinion statement did 12 not fairly align[] with the information in [the CEO’s] possession at the time” so it was “misleading 13 by omission”
• finding that plaintiff pled falsity where defendants said a drug had “gone through all of the FDA clearance process,” but it had not received FDA clearance
• finding statement that management was “reasonably confident” in FDA communications to be nonactionable puffery
• “to satisfy materiality, ‘there must be a 4 substantial likelihood that the disclosure of the omitted fact would have been viewed by the 5 reasonable investor as having significantly altered the ‘total mix’ of information made 6 available’”
• “historical 8 stock prices are not subject to reasonable dispute”

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Karim Khoja v. Orexigen Therapeutics, Inc.
  Ninth Circuit· 2018-08-13· cited 1,539×
• Joseph Curry v. Yelp Inc.
  Ninth Circuit· 2017-11-21· cited 65×
• In Re: Robert Grier v. Finjan Holdings, Inc.
  Ninth Circuit· 2023-01-20· cited 26×
• Oklahoma Firefighters Pension v. Nektar Therapeutics
  Ninth Circuit· 2022-05-19· cited 17×
• United States v. Wilson
  Seventh Circuit· 2008-12-12· cited 2×

Cites

22 cases in this archive are cited by this case; the 20 most cited are listed.

• Basic Inc. v. Levinson
  Supreme Court· 1988-03-07· cited 3,007×
• TSC Industries, Inc. v. Northway, Inc.
  Supreme Court· 1976-06-14· cited 2,447×
• Matrixx Initiatives, Inc. v. Siracusano
  Supreme Court· 2011-03-22· cited 1,056×
• Zucco Partners, LLC v. Digimarc Corp.
  Ninth Circuit· 2009-01-12· cited 891×
• Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund
  Supreme Court· 2015-03-24· cited 523×
• Regina Warshaw and John D. Kaufman, on Behalf of Themselves and All Others Similarly Situated v. Xoma Corporation Steven C. Mendell
  Ninth Circuit· 1996-01-25· cited 416×
• In Re Apple Computer Securities Litigation
  Ninth Circuit· 1989-09-25· cited 404×
• Outdoor Media Group, Inc. v. City of Beaumont
  Ninth Circuit· 2007-11-01· cited 317×
• In Re Worlds Of Wonder Securities Litigation
  Ninth Circuit· 1994-09-15· cited 307×
• South Ferry LP, No. 2 v. Killinger
  Ninth Circuit· 2008-09-09· cited 233×
• Jules Brody Joyce T. Crawford v. Transitional Hospitals Corporation Wendy L. Simpson Richard L. Conte
  Ninth Circuit· 2002-02-07· cited 230×
• Cutera Securities Litigation v. Conners
  Ninth Circuit· 2010-06-30· cited 208×
• Unnamed case
  Ninth Circuit· 1993-11-17· cited 190×
• City of Miami Fire Fighters' & Police Officers' Retirement Trust v. Quality Systems, Inc.
  Ninth Circuit· 2017-07-28· cited 174×
• City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology, Inc.
  Ninth Circuit· 2017-05-05· cited 151×
• Police Retire. Sys of St Louis v. Intuitive Surgical, Inc.
  Ninth Circuit· 2014-07-16· cited 129×
• Livid Holdings Ltd v. Salomon Smith Barney, Inc.
  Ninth Circuit· 2005-08-02· cited 124×
• Ernest P. Kline v. First Western Government Securities, Inc.
  First Circuit· 1994-06-02· cited 111×
• Employers Teamsters Local Nos. 175 & 505 Pension Trust Fund v. Clorox Co.
  Ninth Circuit· 2004-01-07· cited 103×
• WPP Luxembourg Gamma Three Sarl v. Spot Runner, Inc.
  Ninth Circuit· 2011-08-23· cited 90×