Data Set Appendix: Around the World of Securities Fraud in 80 Motions to Dismiss

Abstract

This data set, summarizing 80 opinions on motions to dismiss securities fraud class actions, is an appendix to the following essay: Wendy Gerwick Couture, Around the World of Securities Fraud in 80 Motions to Dismiss, 45 45 LOY. U. CHI. L.J. __ (forthcoming 2014). In the essay, I discuss emerging issues in courts’ rulings on motions to dismiss securities fraud class actions. In order to ensure that my comments reflect current trends in this ever-evolving area, I analyzed a data set of 80 opinions issued in 2013 on motions to dismiss securities fraud class actions.

I compiled this data set of 80 opinions as follows: On November 17, 2013, I performed the following "terms and connectors" search in the DCT (U.S. District Court Cases) database on Westlaw: "securities fraud" & "motion to dismiss" & ("P.S.L.R.A." "private securities litigation reform act") & "class action" & da(aft 1/1/2013). There were 153 results. I discarded opinions that (1) did not rule on motions to dismiss; (2) did not rule on putative class actions; or (3) did not rule on claims of securities fraud. In addition, if the data set included multiple opinions on successive motions to dismiss filed in the same case, I included only the last opinion. Finally, after performing the above culling, I chose the first 80 opinions to have been issued in 2013.

Please contact me by email to obtain an Excel version of this data set.

The paper, "Around the World of Securities Fraud in 80 Motions to Dismiss," to which this Appendix applies is available at the following URL: http://ssrn.com/abstract=2373807

Keywords: Securities Fraud, Motions to Dismiss, Class Actions, PSLRA, Scienter, Materiality