Fort Worth Employers' Retirement Fund v. Biovail Corp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• no duty to disclose that study design did not reflect FDA’s preferences where there was no evidence that FDA would delay approval for that reason
• no duty to disclose FDA feedback critical of the design of an ongoing study
• “The mere allegation that defendants failed to disclose [relevant information] does not in and of itself constitute strong evidence that they did so with scienter.”
• “Because plaintiff has already amended its complaint once, and because the flaws in pleading are incurable on the facts of this case, dismissal is with prejudice.”
• “Because plaintiff has already amended its complaint once ... dismissal is with prejudice.”
• statements about FDA’s acceptance of application for review were in-actionable recitations of fact

Source: CourtListener parenthetical corpus (CC0).