Legal Opinion

Massachusetts Retirement Systems v. CVS Caremark Corp.

Court of Appeals for the First Circuit

Decided May 24, 2013No. 12-1900PublishedCited by 32 opinions

1Opinion of the Court

HOWARD, Circuit Judge.

This is an appeal from the dismissal of a putative class action for securities fraud against CVS Caremark Corporation and certain of its current and former employees. For the reasons below, we vacate the dismissal and remand the case for further proceedings.

I. Background

Because this appeal involves a dismissal for failure to state a claim, Fed.R.Civ.P. 12(b)(6), we recount the relevant facts based on the well-pleaded allegations in the complaint. SEC v. Tambone, 597 F.3d 436, 438 (1st Cir.2010) (en banc). At times, we borrow from the district court’s thorough opinion.

A.…

2Cases cited20 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Basic Inc. v. LevinsonSupreme Court of the United States · 1988
  4. Dura Pharmaceuticals, Inc. v. BroudoSupreme Court of the United States · 2005
  5. In Re Gilead Sciences Securities LitigationCourt of Appeals for the Ninth Circuit · 2008

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

3Cited by32 opinions

  1. Oregon Public Employees Retirement Fund v. Apollo Group Inc.Court of Appeals for the Ninth Circuit · 2014
  2. Phillip J. Singer v. Kenneth RealiCourt of Appeals for the Fourth Circuit · 2018
  3. Ohio Public Employees Retirement System v. Federal Home Loan Mortgage Corp.Court of Appeals for the Sixth Circuit · 2016
  4. Schaefer v. IndyMac Mortgage ServicesCourt of Appeals for the First Circuit · 2013
  5. Arkansas Public Employees Retirement System v. Harman International Industries Inc.Court of Appeals for the D.C. Circuit · 2015

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

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