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· 4/21/1992

McLaughlin v. Anderson

Citations

  • 962 F.2d 187
  • 1992 U.S. App. LEXIS 7618
  • 1992 WL 79656

How courts have described this case

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

  • explaining that the “purpose of Rule 12(b)(6) is to allow a defendant to test whether, as a matter of law, the plaintiff is entitled to legal relief even if everything alleged in the complaint is true.”
  • explaining, in reversing dismissal of a securities fraud complaint alleging deceptive corporate statements, \[w]hether the statements here were true or false is not an issue to be decided under Rule 12(b)(6)\
  • citingNishiyama v. Dickson County, 814 F.2d 277, 279 (6th Cir. 1987)
  • finding sufficient the allegations that the speaker’s opinion was false or misleading because the opinion was “not supported by available facts,” and observing that “[wjhether the statements here were true or false is not an issue to be decided under Rule 12(b)(6)”
  • in a securities fraud action, class action certification was appropriate even though some investors made money and some lost money, because questions of liability were common to all class members regardless of their level of damages
  • citingBasic, 485 U.S. at 239 n.17

Source: CourtListener parenthetical corpus (CC0).

Judges: Oakes, Parker, Walker

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.