Sentence examples for Elements of fraud from inspiring English sources

If the elements of fraud on the market are not proved at certification, a plaintiff has failed to carry his burden of establishing that questions of individualized reliance will not predominate, without which the plaintiff class cannot obtain certification.

Where either of the elements of fraud, gross negligence, or oppression mingle in the controversy, the law, instead of adhering to the system or even the language of compensation, adopts a wholly different rule.

I, thus, would reverse the judgment of the Ninth Circuit and hold that a plaintiff invoking the fraud-on-the-market presumption bears the burden to establish all the elements of fraud on the market at certification, including the materiality of the alleged misstatement.

In Prairie Capital, the court noted that, in the context of a fraud claim based on a written representation in a contract, once the claimant identifies a false statement for which the defendant is accountable, satisfaction of the remaining elements of fraud generally can be "reasonably inferred" at the pleading stage.

The IG report noted that the evidence had established that Citigroup officials had committed the key elements of fraud.

But it also requires the SEC to prove the traditional elements of fraud or manipulation, which can sometimes be quite challenging.

In this Article, we explain why reliance forms a distinct element of fraud.

Though he acknowledged a substantial element of fraud in the vote, he said he felt confident that it was not enough to reverse Mr. Karzai's lead.

Aside from the element of fraud, serving factory-prepared dishes, chefs pointed out, amounts to betraying the national heritage of fine eating and undermining one of the main reasons that France is the world's top tourist destination.

By arguing that regular investors in Merck did not have access to information before November 6 , 2001that would have led to discovery of each element of fraud, including scienter, Reynolds concludes that the statute of limitations was not exhausted before the filing of his suit.

As in nouvelle cuisine, there is a discernible oriental influence in these stylized arrangements, and as in nouvelle cuisine, there is a discernible element of fraud.