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Levi v. Atossa Genetics Inc.
Plaintiffs in securities fraud class action against developer of breast cancer detection products sufficiently plead ‘falsity’ and ‘materiality,’ warranting partial reversal of dismissal. 		Securities 9th Aug. 21, 2017
In re Quality Systems Inc. Securities Litigation
Securities class action improperly dismissed, where defendants' statements about company’s sales were materially false or misleading. 		Securities 9th Jul. 31, 2017
City of Dearborn Heights Act 345 Police & Fire Retirement System v. Align Technology Inc.
Securities fraud action against makers of Invisalign braces regarding valuation of subsidiary, properly dismissed where investors failed to sufficiently plead falsity and scienter. 		Securities May 8, 2017
Dowers v. Nationstar Mortgage
District court errs by dismissing suit alleging violations of Fair Debt Collection Practices Act, as security interest enforcement included in statutory definition of one alleged violation. 		Securities Apr. 3, 2017
SEC v. Messina
'Relief defendants' in SEC enforcement action unsuccessful in challenging court's jurisdiction to determine legitimacy of their claim to funds and ultimate disgorgement of funds. 		Securities Mar. 22, 2017
Bank of New York Mellon v. Citibank
Trial court improperly found three year statute of limitations applied to claims for equitable subrogation as Code of Civil Procedure, outlining limitations, applies to causes of statutory liability. 		Securities Mar. 2, 2017
People v. Black
Individualized loan with promissory note establishing term of repayment not 'security' under state or federal law. 		Securities Feb. 17, 2017
Bank of New York Mellon v. Citibank
Trial court improperly found three year statute of limitations applied to claims for equitable subrogation as Code of Civil Procedure, outlining limitations, applies to causes of statutory liability. 		Securities Feb. 17, 2017
Sharemaster v. U.S. Securities & Exchange Commission
SEC properly concludes that 'live' sanction is required for disciplinary action to be reviewable, but errs in concluding that penalty imposed on broker-dealer was not live. 		Securities Feb. 3, 2017
In re Khan
Claims in bankruptcy court for civil judgment in conversion suit should not be subordinated as damages arising from purchase of debtor's security under 11 U.S.C. Section 510(b). 		Securities Jan. 23, 2017
Retail Wholesale & Dept. Store Union Local 338 Retirement Fund v. Hewlett-Packard Co.
Shareholder action alleging securities fraud based on CEO's violation of corporate code of ethics properly dismissed, where complaint does not give rise to actionable claim. 		Securities Jan. 19, 2017
Rainero v. Archon Corp.
Complaint properly dismissed for lack of jurisdiction, where Securities Litigation Uniform Standards Act does not provide independent basis for federal question jurisdiction under 28 U.S.C. section 1331. 		Securities Dec. 21, 2016
Salman v. United States
Ninth Circuit properly applies 'Dirks v. SEC' in affirming convictions for conspiracy and insider trading. 		Securities Dec. 6, 2016
Schwartz v. Arena Pharmaceuticals Inc.
Putative federal securities class action may proceed, where plaintiff properly pled scienter regarding pharmaceutical company's failure to disclose results of adverse animal studies. 		Securities Oct. 26, 2016
SEC v. Jensen
SEC wins jury trial on remand due to erroneous decision to hold bench trial, and reversal due to misinterpretation of securities laws. 		Securities Aug. 31, 2016
ESG Capital Partners LP v. Stratos
Group of investors defrauded by con artist win reversal of fraud and other claims. 		Securities Jul. 12, 2016
Merrill Lynch, Pierce, Fenner and Smith Inc. v. Manning
Shareholders successful in winning remand to state court following clarification of jurisdictional test under Section 27 of Securities and Exchange Act. 		Securities May 17, 2016
Amgen Inc. v. Harris
Ninth Circuit fails to properly assess ERISA action of AMGEN employees by not using test set forth in 'Fifth Third Bancorp v. Dudenhoeffer.' 		Securities Jan. 26, 2016
State of California ex. rel. Bartlett v. Miller
SEC filing disclosing club's allegedly wrongful conduct does not trigger California False Claims Act's public disclosure bar, thereby requiring reversal of trial court's dismissal. 		Securities Jan. 21, 2016
McGee v. China Electric Motor
Failure to explain basis for attorney fee award is abuse of discretion resulting in vacated award and remand to allow for recalculation plus detailed explanation. 		Securities Jan. 19, 2016
U.S. v. Salman
Ninth Circuit not bound by Second Circuit's ruling in <EM>United States v. Newman</EM> establishing standard of evidence for insider information tipper/tippee relationship. 		Securities Jul. 6, 2015
Tibble v. Edison International
Beneficiaries' lawsuit asserting pension plan was managed imprudently is not barred by statute of limitations because trustee has continuing duty to exercise prudence. 		Securities May 18, 2015
Omnicare Inc. v. Laborers District Council Construction Industry Pension Fund
Company’s legal-compliance opinion statement does not create liability under Securities Act merely because it ultimately proved to be incorrect. 		Securities Mar. 24, 2015
Feresi v. The Livery LLC
Managing member’s perfected security interest in LLC does not take priority over prior, unperfected interest due to manager’s breach of fiduciary duty. 		Securities Jan. 9, 2015
Feresi v. The Livery LLC
Managing member’s perfected security interest in LLC does not take priority over prior, unperfected interest due to manager’s breach of fiduciary duty. 		Securities Dec. 17, 2014
Oregon Public Employees Retirement Fund v. Apollo Group Inc.
Investors may not maintain class action against company for allegedly making false and misleading statements where statements constituted mere puffery. 		Securities Dec. 17, 2014
Overstock.com Inc. v. Goldman Sachs & Co.
Merrill Lynch Professional Clearing Corp. may be liable for engaging in market manipulation for taking active, direct role in trading schemes of its client. 		Securities Nov. 25, 2014
Overstock.com Inc. v. Goldman Sachs & Co.
Merrill Lynch Professional Clearing Corp. may be liable for engaging in market manipulation for taking active, direct role in trading schemes of its client. 		Securities Nov. 13, 2014
Cohen v. NVIDIA Corp.
Investors may not bring securities fraud action against semiconductor company where alleged failure to disclose known defects in products did not show required intent. 		Securities Oct. 2, 2014
Loos v. Immersion Corp.
Company’s announcement of investigation into revenue recognition practices is insufficient, standing alone, to establish loss causation for securities class action. 		Securities Sep. 11, 2014
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