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· 10/2/2014

Roberto Cohen v. Nvidia Corp.

Citations

  • 768 F.3d 1046
  • 2014 U.S. App. LEXIS 18976
  • 2014 WL 4922264

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 departures of executives did not support an inference of scienter because two of the three executives remained at the company in an advisory role
  • disclosing that performance of Pier l’s distribution centers had “been disrupted -by our extremely high inventory levels.”
  • stating that a document may be “consider[ed] . . . in its entirety” where plaintiffs 20 “rel[ied] on portions of it in their complaint”
  • holding Item 303 does not create a duty to disclose for securities fraud claims under Section 10(b) and Rule 10b-5
  • noting that the articles cited by the plaintiffs did not contribute to a strong inference of scienter, in part because they “d[id] not reflect [the defendants’] knowledge” at the time of the alleged misstatements
  • stating that in reviewing the sufficiency of 26 complaint, court is limited to complaint, its attached exhibits, documents incorporated by reference, and matters properly subject to judicial notice

Source: CourtListener parenthetical corpus (CC0).

Judges: Tallman, Ikuta, O'Connell

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.