Skip to main content
· 4/9/2009

Lormand v. US Unwired, Inc.

Citations

  • 565 F.3d 228
  • 47 Communications Reg. (P&F) 960
  • 2009 U.S. App. LEXIS 7452
  • 2009 WL 941505

How courts have described this case

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

  • noting that in ruling on Rule 12(b)(6) motions, courts may examine documents incorporated into the complaint by reference
  • holding that in light of Dura and Twombly, in order to establish loss causation, a plaintiff must plead a “facially ‘plausible’ causal relationship between the fraudulent statements or omissions and plaintiff's economic loss”
  • noting that in ruling on Rule 12(b)(6) motions, courts may examine documents incorporated into the complaint by reference
  • explaining that our “related to” test is in harmony with 8 Dura’s “relevant to” standard
  • holding emails attached as exhibits to the complaint provided support for a strong inference of defendants' wrongful state of mind.
  • finding that “[o]nee the defendants engaged in public discussions concerning the benefits of ... the no-deposit programs, they had a duty to disclose a ‘mix of information’ that is not misleading.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barksdale, Dennis, Southwick

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.