At bottom, materiality is a fact question, which the Sixth Circuit has cautioned “typically should not be decided” at the motion to dismiss stage. Id. (quoting Stephen M. Bainbridge & G. Mitu Gulati, How Do Judges Maximize? (The Same Way Everybody Else Does—Boundedly): Rules of Thumb in Securities Fraud Opinions, 51 Emory L.J. 83, 115 (2002)).
Zaller v. Fred's, Inc., 219CV02415SHLATC, 2021 WL 7541401, at *7 (W.D. Tenn. Mar. 31, 2021)
