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Expert Analysis

9th Circ. Criticism Of Judicial Notice Trend Is Significant

By Kevin LaCroix (August 16, 2018, 1:00 PM EDT) -- The motion to dismiss phase is a critical stage in the life cycle of a securities class action. If a case survives the dismissal motion, it likely will move toward settlement, as so few cases actually go to trial. The motion to dismiss in intended to test the sufficiency of the allegations in the plaintiff's complaint. According to the rules, the court's inquiry should be limited to the matter within the complaint. However, over time, rules have developed permitting courts to consider matter from outside the complaint, pursuant to the doctrines of judicial notice and incorporation by reference....

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