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· 7/9/2003

New England Health Care Employees Pension Fund, on Behalf of Itself and All Others Similarly Situated v. Ernst & Young, LLP

Citations

  • 336 F.3d 495
  • 2003 U.S. App. LEXIS 13704
  • 2003 WL 21540666

How courts have described this case

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

  • holding that court ruling on motion to dismiss ‘may consider materials in addition to the complaint if such materials are public records or are otherwise appropriate for the taking of judicial notice’
  • holding that court ruling on motion to dismiss ‘may consider materials in addition to the complaint if such materials are public records or are otherwise appropriate for the taking of judicial notice’
  • finding that plaintiffs had constructive knowledge of alleged securities fraud because fraud could have been uncovered \through minimal investigation of public records\
  • finding that plaintiffs had constructive knowledge of alleged securities fraud because fraud could have been uncovered “through minimal investigation of public records”
  • finding that the court could consider a prior complaint when ruling on a motion to dismiss because “such materials are public records or are otherwise appropriate for the taking of judicial notice”
  • noting that the court could find no reason the plaintiff should not have discovered that auditors had knowingly or recklessly participated in the corporation’s fraud “in light of the particular allegations against” the corporation

Source: CourtListener parenthetical corpus (CC0).

Judges: Nelson, Cole, Rosen

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.