EMINENCE CAPITAL, LLC v. ASPEON, INC.

No. 01-56728.

316 F.3d 1048 (2003)

EMINENCE CAPITAL, LLC, Plaintiff-Appellant, and Jay Spechler, Plaintiff, v. ASPEON, INC.; Richard P. Stack, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 2003.


Attorney(s) appearing for the Case

Solomon B. Cera, Gold Bennett Cera & Sidener LLP, San Francisco, CA, for the plaintiff-appellant.

Donald A. Daucher, Paul, Hastings, Janofsky & Walker LLP, Costa Mesa, CA, for the defendants-appellees.

Before REINHARDT, TROTT and SILVERMAN, Circuit Judges.


PER CURIAM Opinion; Concurrence by Judge REINHARDT.

OPINION

PER CURIAM.

Eminence Capital, LLC, lead plaintiff in this class action securities fraud litigation, appeals the district court's dismissal with prejudice under Fed.R.Civ.P. 12(b)(6) of its first amended consolidated complaint for failure to state a claim. Because the district court failed to provide sufficient reasons to overcome the presumption in favor of granting leave to amend, we reverse...

NEVER MISS A DECISION. START YOUR SUBSCRIPTION.

Uncompromising quality. Enduring impact.
Your support ensures a bright future for independent legal reporting.

As you are aware we have offered this as a free subscription over the past years and we have now made it a paid service.Look forward to your continued patronage.

GET STARTED


OR

Read it with your Leagle account.
Sign in to continue


Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases