· 8/20/2010
Lustgraaf v. Behrens
Citations
- 619 F.3d 867
- 2010 U.S. App. LEXIS 17375
- 2010 WL 3271242
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that complaints adequately alleged misleading statements because they alleged defendant’s false statements and facts supporting an inference that those statements were false when made
- noting that the doctrine precludes a plaintiff from recovery where they “participated in the alleged wrongdoing”
- noting that whether control person liability requires culpable participation has created a circuit split and collecting cases
- noting that courts “grant all reasonable inferences in favor of the nonmoving party” for purposes of a motion to dismiss
- detailing standard under motion to dismiss for failure to state a claim under Fed. R. Civ. P. 12(b)(6)
- explaining standard of review on motion to dismiss for failure to state a claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Bright, Melloy
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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