United States Securities & Exchange Commission v. Kearns

How courts have described this case

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

• finding that medical transcriptions company’s statements about “disciplined business practice” and the experience and discipline of its management team, were merely puffery because no reasonable investor would have relied on them
• allegations that defendants affirmatively misled auditors were sufficient to allege inherently deceptive conduct for scheme liability claim
• “While the [PSLRA] requires private plaintiffs in securities fraud actions to plead scienter with particularity, the SEC is not subject to the PSLRA and need not plead scienter with particularity.”

Source: CourtListener parenthetical corpus (CC0).