Ellen Shapiro

Ellen Shapiro

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In Khoja, the Ninth Circuit Limits Defendants’ Ability to Argue Facts in a Motion to Dismiss

In Khoja v. Orexigen Therapeutics, Inc., the Ninth Circuit clarified the “rare circumstances” when a court may review documents extraneous to the pleadings in ruling on a motion to dismiss. Given that it has become routine...more

9/19/2018  /  Abuse of Discretion , Document Productions , En Banc Review , Extrinsic Evidence , Motion to Dismiss , Rule 10(b) , Securities Exchange Act , Securities Litigation
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