Legal Opinion

Foster v. Wilson

Court of Appeals for the Ninth Circuit

Decided October 5, 2007No. 05-56424, 05-56743PublishedCited by 55 opinions

1Opinion of the Court

FRIEDMAN, Circuit Judge:

The principal issue is whether the district court correctly dismissed, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief could be granted, a complaint alleging federal securities fraud. We affirm that dismissal, but reverse the district court’s imposition of monetary sanctions against the appellants and their attorney.

The issues were presented in two separate appeals which were argued consecutively. We decide both appeals in a single opinion.

I

A. The background facts, as alleged in the first amended…

2Cases cited9 opinions

  1. Tellabs, Inc. v. Makor Issues & Rights, Ltd.Supreme Court of the United States · 2007
  2. Provenz v. MillerCourt of Appeals for the Ninth Circuit · 1996
  3. Gurary v. WinehouseCourt of Appeals for the Second Circuit · 1999
  4. Fellheimer, Eichen & Braverman, P.C. v. Charter Technologies, IncorporatedCourt of Appeals for the Third Circuit · 1995
  5. In Re Les Deville, Debtor. In Re Steven J. Dagget, Debtor. In Re Daniel Miller, Debtor. Daniel Miller, Jr. Arlo Hale Smith v. Noreen CardinaleCourt of Appeals for the Ninth Circuit · 2004

4 more not listed; retrieve them via the Exa API.

3Cited by55 opinions

  1. Reese v. BP Exploration (Alaska) Inc.Court of Appeals for the Ninth Circuit · 2011
  2. Williston Basin Interstate Pipeline Co. v. an Exclusive Gas Storage Leasehold & Easement in the Cloverly Subterranean Geological FormationCourt of Appeals for the Ninth Circuit · 2008
  3. Satey v. JPMorgan Chase & Co.Court of Appeals for the Ninth Circuit · 2008
  4. SEC v. JarkesySupreme Court of the United States · 2024
  5. Miller v. City of Los AngelesCourt of Appeals for the Ninth Circuit · 2011

50 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API