· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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