Desaigoudar

Desaigoudar v. Meyercord

Good Law
223 F.3d 1020·2000 WL 1271121
United States Court of Appeals for the Ninth CircuitSeptember 8, 2000No. 98-17154California3,087 words

Opinion

Lead Opinion

Sneed, J.

The question in this appeal is whether the district court should have dismissed Desaigoudar’s second amended complaint with prejudice for repeated failure to satisfy Federal Rule of Civil Procedure 9(b) and the Private Securities Litigation Reform Act of 1995 (the “PSLRA”), 15 U.S.C. § 78u-4(b). Our jurisdiction over this question is described at 28 U.S.C. § 1291 . We review de novo an order dismissing a case for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). See Burgert v. Lokelani Bernice Pauahi Bishop Trust, 200 F.3d 661, 663 (9th Cir.2000). The usual practice in Rule 12(b)(6) cases is to take all well-pleaded allegations of material fact as true and construe them in the light most favorable to the plaintiff. See id. However, the PSLRA has modified the liberal, notice pleading standard found in the Federal Rules of Civil Procedure. See In re Silicon Graphics Inc. Securities Litigation, 183 F.3d 970 , (9th Cir.1999). Accordingly, we now examine a securities fraud complaint to determine whether the plaintiff has complied with the more stringent pleading requirements of the PSLRA. See id. De novo review is also appropriate when, as here, the…

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