Securities and Exchange Commission v. Nacchio

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• denying motion to dismiss when defendant “Mohebbi caused Qwest’s books and records to be falsified, in 34 that he allegedly concealed portability deals from Qwest’s accountants so that those accountants would improperly recognize the IRU revenue”
• “It is true that vague statements of corporate optimism are not materially misleading, as ‘reasonable investors do not rely on them in making investment decisions.’” (quoting Grossman, 120 F.3d at 1119)
• “A motion to strike an affirmative defense is adjudicated under the same standard as a motion to dismiss; namely, the Court must strike the defense only if it cannot be maintained under any set of circumstances.”
• “A motion to strike an affirmative defense is adjudicated under the same standard as a motion to dismiss; namely, the Court must strike the defense only if it cannot be maintained under any set of circumstances.”
• “A motion to strike an affirmative defense is adjudicated under the same standard as a motion to dismiss; namely, the Court must strike the defense only if it cannot be maintained under any set of 2 circumstances.”
• “A motion to strike an affirmative defense as insufficient is adjudicated under the same standard as a motion to dismiss: namely, the Court must strike the defense only if it cannot be maintained under any set of circumstances.”

Source: CourtListener parenthetical corpus (CC0).