Strong Inference Of Scienter

23 Florida cases classified under this topic · sorted by citation count · browse and sort

• Carvelli v. Ocwen Fin. Corp.
  934 F.3d 1307· 11th Cir.· 2019-08-15 ·cited 41×
  A group of investors brought a securities fraud action against mortgage-servicing company Ocwen Financial Corporation, alleging the company made materially misleading statements about its compliance efforts and progress in resolving regulatory issues while concealing serious defe
• Garcia v. Santa Maria Resort, Inc.
  528 F. Supp. 2d 1283· S.D. Fla.· 2007-11-15 ·cited 19×
  The court held that the plaintiffs' claims failed to meet the heightened pleading standards for securities fraud and general plausibility, and were also barred by the statute of limitations and the bespeaks caution doctrine.
• In re Sunterra Corp. Sec. Litig.
  199 F. Supp. 2d 1308· M.D. Fla.· 2002-03-12 ·cited 13×
  The court held that the plaintiffs failed to sufficiently plead their securities fraud claims under the Private Securities Litigation Reform Act (PSLRA) and granted the defendants' motions to dismiss, but allowed the plaintiffs an opportunity to amend their complaint.
• In re Recoton Corp. Sec. Litig.
  358 F. Supp. 2d 1130· M.D. Fla.· 2005-02-23 ·cited 8×
  The court held that the complaint failed to adequately plead fraud under PSLRA and Rule 9(b) as to certain claims and failed to plead loss causation as to all claims.
• In re Smith Gardner
  214 F. Supp. 2d 1291· S.D. Fla.· 2002-03-19 ·cited 8×
  The court affirmed the Magistrate Judge's report and recommendation, granting the defendant's motion to dismiss the consolidated amended class action complaint without prejudice.
• In re PSS World Medical
  250 F. Supp. 2d 1335· M.D. Fla.· 2002-08-01 ·cited 6×
  The court found that the plaintiffs' amended complaint did not adequately plead scienter and failed to meet the heightened pleading standards of Rule 9(b) and the PSLRA, thus granting the motion to dismiss.
• In re Faro Techs. Sec. Litig.
  534 F. Supp. 2d 1248· M.D. Fla.· 2007-09-18 ·cited 5×
  The court adopted the Magistrate Judge's Report and Recommendation, denying the FARO Defendants' motion to dismiss and granting Grant Thornton's motion to dismiss.
• Cutsforth v. Renschler
  235 F. Supp. 2d 1216· M.D. Fla.· 2002-09-18 ·cited 5×
  The court adopted the Magistrate Judge's Report and Recommendation, granting the defendants' motion to dismiss the second amended complaint with prejudice.
• In re Pegasus Wireless Corp. Sec. Litig.
  657 F. Supp. 2d 1320· S.D. Fla.· 2009-09-21 ·cited 4×
  The court held that the plaintiffs failed to plead with particularity facts giving rise to a strong inference that defendant Peraticos acted with scienter, and thus granted his motion to dismiss.
• In re Columbia Labs.
  144 F. Supp. 2d 1362· S.D. Fla.· 2001-05-09 ·cited 4×
  Forward-looking statements made by defendants regarding Advantage-S and Crinone are protected by the PSLRA safe-harbor provision because they were accompanied by meaningful cautionary language and plaintiffs failed to plead with particularity facts giving rise to a strong inferen
• In re Physician Corp. of Am. Sec. Litig.
  50 F. Supp. 2d 1304· S.D. Fla.· 1999-02-18 ·cited 4×
  The court denied the defendants' motion to dismiss the consolidated and amended complaint, finding that the plaintiffs had sufficiently pleaded claims for violations of securities laws.
• In re Miva, Inc.
  511 F. Supp. 2d 1242· M.D. Fla.· 2007-07-17 ·cited 3×
  The court held that the plaintiffs failed to plead with particularity that the defendants made false or misleading statements with the required scienter, thus dismissing the securities fraud claims.
• Profilet v. Cambridge Fin. Corp.
  231 B.R. 373· S.D. Fla.· 1999-02-11 ·cited 3×
  The court held that the Trustee has standing to bring securities fraud claims, met pleading requirements for most claims, but failed to plead justifiable reliance for the Florida Blue Sky Law claim and continuity for the Florida RICO claim.
• In re Miva, Inc.
  544 F. Supp. 2d 1310· M.D. Fla.· 2008-02-15 ·cited 2×
  The court held that scienter was sufficiently pleaded against defendant Pisaris-Henderson regarding the February 2005 conference call and against defendant Thune regarding the March 2005 Form 10-K, but not against Thune for the conference call or against Agius for either statemen
• Hubbard v. BankAtlantic Bancorp, Inc.
  625 F. Supp. 2d 1267· S.D. Fla.· 2008-12-12 ·cited 1×
  The court found that the consolidated amended complaint sufficiently alleged securities fraud under the heightened pleading standards of the PSLRA and Rule 9(b).
• Old Jamestown Storage LLC v. Cap. Max Grp., LLC
  S.D. Fla.· 2025-12-15
  The court held that the fraud and securities fraud claims should be dismissed for failure to meet pleading standards, but the breach of contract claim should proceed.
• Doller v. Hertz Global Holdings, Inc.
  M.D. Fla.· 2025-10-10
  The court held that some statements regarding EV demand were actionable securities fraud, while others were dismissed as immaterial puffery or lacking sufficient falsity. The court also found sufficient allegations of scienter for the surviving claims.
• Johnson v. Luminar Techs., Inc.
  M.D. Fla.· 2025-09-10
  The court denied the defendants' motion to dismiss, finding that the plaintiff adequately pleaded that the CEO had ultimate authority over a misleading slide presentation and that the misrepresentation was material.
• Lewitter v. Terran Orbital Corp.
  S.D. Fla.· 2025-08-21
  Investors in Terran Orbital Corporation sued the company and four executives for securities fraud, alleging false and misleading statements regarding the company's cash reserves and revenue prospects during the Class Period from March 2023 through August 2024, when the company wa
• Edge v. Tupperware Brands Corp.
  M.D. Fla.· 2023-09-28
  The court held that the plaintiffs adequately pleaded securities fraud, satisfying the heightened pleading requirements of Rule 9(b) and the PSLRA, and that the defendants' motion to dismiss should be denied.
• Acerra v. Trulieve Cannabis Corp
  N.D. Fla.· 2021-12-30
  The court held that the second amended complaint failed to adequately allege scienter for the only material misstatement, thus failing to state a claim under the Private Securities Litigation Reform Act.
• Fuechtman v. Mastec, Inc.
  390 F. Supp. 2d 1264· S.D. Fla.· 2005-09-23
  The court held that the plaintiffs' Second Amended Complaint sufficiently pleaded the elements of securities fraud, including scienter, and therefore denied the defendants' motion to dismiss.