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· 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 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.