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· 1/23/1997

Scott L. SILVER, on Behalf of Himself and All Others Similarly Situated, Appellant, v. H&R BLOCK, INC.; Thomas M. Block; Ozzie Wenich, Appellees

Citations

  • 105 F.3d 394
  • 1997 U.S. App. LEXIS 964

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 could consider prospectus that was not attached to complaint
  • holding that the statements in question could have properly been considered as a part of the motion to dismiss because they were the sole basis for the complaint and their content was not disputed
  • explaining that alleged misrepresentations must be considered “together and in context”
  • accepting defendant’s introduction of documents on motion to dismiss because plaintiffs entire lawsuit was based om the documents and plaintiff did not dispute the content of the documents
  • declining to infer that allegedly material statements were false “from the movement of the stock price alone . . . given the abundance of market variables”
  • finding two published statements were properly considered with the pleadings for purposes of a motion to dismiss because the entire lawsuit was based on the statements and the parties did not dispute their content

Source: CourtListener parenthetical corpus (CC0).

Judges: Fagg, Gibson, Loken

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.