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· 10/12/2006

Robert Garfield v. NDCHealth Corporation

Citations

  • 466 F.3d 1255
  • 2006 U.S. App. LEXIS 25435
  • 2006 WL 2883238

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 success of [plaintiff]'s section 20(a) claim turns on the resolution of its claims under Section 10b and Rule 10b-5\
  • concluding that the complaint failed to create a strong inference of scienter because, among other things, it contained “no allegations ... that indicate the presence of ... ‘red flags’ in the company’s financial statements”
  • concluding that allegations about what was said at a meeting involving senior executives was insufficiently particularized where the complaint “failed to allege what was said at the meeting, to whom it was said, or in what context”
  • concluding that allegations about what was said at a meeting involving senior executives was insufficiently particularized where the complaint “failed to allege what was said at the meeting, to whom it was said, or in what context”
  • holding that corporation’s increase of “its allowance for doubtful accounts” to “nearly seven times the average” was not “so irregular” that the auditor should have been on notice of fraud
  • holding that a dismissal can be final even before leave to amend expires

Source: CourtListener parenthetical corpus (CC0).

Judges: Edmondson, Birch, Alarcón

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.