· 7/16/2014
Police Retire. Sys of St Louis v. Intuitive Surgical, Inc.
Citations
- 759 F.3d 1051
- 2014 WL 3451566
- 2014 U.S. App. LEXIS 13530
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the core operations doctrine “relies on the principle that corporate officers have 25 knowledge of the critical core operation of their companies” (emphasis added)
- holding that plaintiffs failed to plead scienter by relying on witness accounts that “[did] not detail the actual contents of the reports the executives purportedly referenced or had access to”
- concluding that statements that company is “reservedly optimistic” about sales and “in a pretty good position” despite the economic crisis are “the antithesis of facts” and “represent the feel good speak that characterizes non-actionable puffing” (internal quotation marks omitted)
- explaining that witness declarations must include “allegations linking specific reports and their contents to the [defendants], not to mention the link between the witnesses and the” defendants
- holding disclosures are 1 disclosure statements are, there are likely to be additional details that could have been disclosed but 2 were not.’”
- holding witness statements inadequate to plead 15 scienter because witness “[did] not detail the actual contents of the reports the executives 16 purportedly referenced or had access to.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Farris, Tashima, McKeown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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