United States v. Hathcock

How courts have described this case

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

• holding that Janus involved a “third party” and thus is inapplicable to corporate officers
• finding cautionary language insufficient where it did not “speak[] to the substantive information that plaintiff alleges the defendants misrepresented”
• finding that while executive vice president could be held liable under group pleading doctrine for statement made in written corporate materials, she could not be “held liable based on what [the company’s CEO and CFO] said in their oral remarks.”
• finding basis for using group pleading doctrine as to the executive vice president of the defendant corporation who was “(1) the executive in charge of the division whose misconduct is at the heart of plaintiffs claims; (2) an officer of Lockheed; and (3
• \Plaintiff's conclusory pleading that each defendant had 'ultimate authority' over the statements is clearly insufficient to plead [that an executive vice president] made these statements.\
• “[A]t the motion to dismiss stage, a tie on scienter goes to the plaintiff.”

Source: CourtListener parenthetical corpus (CC0).