· 2/22/1994
Tuchman v. DSC Communications Corp.
Citations
- 14 F.3d 1061
- 1994 WL 35554
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that complaint failed to state securities claim when plaintiff did not plead that defendants knew that statements were materially false or misleading
- holding that motive to inflate stock price and value of defendants’ investments was insufficient to establish scienter under Rule 9(b)
- noting that allegations providing the motive to commit securities fraud allow an inference of fraudulent intent
- holding that plaintiff must plead specific facts, not conelusory allegations
- accepting as true, for the purposes of a Rule 12(b)(6) dismissal, well-pleaded factual allegations, but rejecting “conclusory allegations or unwarranted deductions of fact.”
- incorporating a photo where the complaint claimed the photo 15 with a suggestive caption was defamatory but did not include the photo itself
Source: CourtListener parenthetical corpus (CC0).
Judges: Goldberg, Jolly
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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