Case Citator › Cooper v. Pickett

Cooper v. Pickett

Is it still good law? What later courts have actually done to this case.

Superseded by statute
Court
Ninth Circuit
Citation
137 F.3d 616
Decided
Confirmed treatments
1
Flagged citations read
51 of 51
Citing cases (total)
51
Treatment dates
2002
Superseded by statute
A reviewed court treats this case as superseded by later legislation. Cooper v. Pickett was superseded by statute on the pleading standard for later private securities fraud suits. The Ninth Circuit held in Fischer v. Vantive Corp. that Cooper applied the earlier Rule 9(b) standard and that the Private Securities Litigation Reform Act requires more detailed allegations.
More on how this was screened

All 51 flagged citations have been read. The citing opinions continue to use Cooper for general fraud pleading and rules about materials considered on a motion to dismiss; the confirmed statutory treatment is listed below. The many “superseded by statute” references next to Cooper in the flagged opinions are usually citation-history notes or modify another case, especially In re GlenFed. The statutory treatment here is anchored in the Ninth Circuit's own opinion in Fischer v. Vantive Corp., which was read and cached separately.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

51 later cases cite Cooper v. Pickett; 51 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Cooper v. Pickett?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Superseded by statute

  • The Ninth Circuit held that Cooper's Rule 9(b) pleading threshold does not govern private securities fraud claims subject to the PSLRA's stricter requirements.

    Fischer v. Vantive Corp. · Ninth Circuit · filed

    The plaintiffs rely on Cooper v. Pickett, 137 F.3d 616 (9th Cir.1998), to support their allegations of fraud as sufficient. But Cooper was decided under the law as it existed prior to the PSLRA, and applied only the particularity requirements of Fed.R.Civ.P. 9(b) for the allegations of fraud. ... The PSLRA, however, imposes stricter pleading requirements.
    Read the full opinion on CourtListener →

Does this case still carry your argument?

Describe your facts. Ezel reads Cooper v. Pickett and the cases that treated it, then tells you whether it still holds for your situation, with citations.

Opens in Ezel Pro.

  • Checks the law as it stands today, not only this page
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace