Legal Opinion
Ballan v. Upjohn Co.
District Court, W.D. Michigan
Decided December 30, 1992No. 1:92-cr-00009PublishedCited by 35 opinions
1Opinion of the Court
OPINION RE DEFENDANTS’ MOTION TO DISMISS
HILLMAN, Senior District Judge.
This class action asserts federal securities law violations against the various defendants — the Upjohn Company and its directors and executive officers. The class is yet to be certified. Before the court is defendants’ motion to dismiss for failure to state a claim under Rule 12(b)(6) and Rule 9(b) of the Federal Rules of Civil Procedure.
According to the complaint, defendants allegedly committed fraud on the stock market. Each of the individual defendants, by reason of his position as a director or executive officer of…
2Cases cited46 opinions
- Conley v. GibsonSupreme Court of the United States · 1957
- Hishon v. King & SpaldingSupreme Court of the United States · 1984
- Ernst & Ernst v. HochfelderSupreme Court of the United States · 1976
- Basic Inc. v. LevinsonSupreme Court of the United States · 1988
- Jenkins v. McKeithenSupreme Court of the United States · 1969
41 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Clayton Coffey v. Foamex L.P., and Recticel Foam CorporationCourt of Appeals for the Sixth Circuit · 1993
- United States Ex Rel. Wilkins v. North American Construction Corp.District Court, S.D. Texas · 2001
- Degulis v. LXR Biotechnology, Inc.District Court, S.D. New York · 1996
- In Re National Century Financial Enterprises, Inc.District Court, S.D. Ohio · 2007
- Delahunt v. Cytodyne TechnologiesDistrict Court, S.D. Ohio · 2003
30 more not listed; retrieve them via the Exa API.