9th Circ. Opinion Could Spark More Securities Settlements

By Rachel Graf (August 21, 2018, 10:35 PM EDT) -- A recent Ninth Circuit opinion could ultimately result in more settlements of shareholder suits by bolstering plaintiffs' arguments that defendants are improperly creating their own version of the facts at the dismissal stage, experts say.

Last week, a three-judge panel said a California federal court improperly considered information outside of the complaint when dismissing an investor suit against now-bankrupt biotechnology company Orexigen Therapeutics Inc.

In the published opinion, the federal appellate court called out a "concerning pattern" of defendants taking advantage of judicial noticing — a doctrine that allows courts to enter into evidence, without formally being introduced by a witness, facts...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!