· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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