· 6/3/2008
In Re AstraZeneca Securities Litigation
Citations
- 559 F. Supp. 2d 453
- 2008 U.S. Dist. LEXIS 43680
- 2008 WL 2332325
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that scienter not established where plaintiff did not allege that defendant knew of, or should have known of, “certain facts [that would] necessarily prevent the regulatory approval . . . and conceal[ed] these facts from the investing public” (emphasis added)
- finding that the plaintiffs had \not alleged an inference of scienter as compelling as the opposing inference\ where there were two possible analyses and conclusions based on the data
- “[0]ther facts, such as the approval of [the drug] in Europe for some uses, made it not unreasonable for defendants to believe in their product.”
- “There is also scienter if the management is reckless in dealing with ... adverse facts.”
- \A person's 22 status as a board member is not alone sufficient to establish jurisdiction ...\
- no scienter where FDA briefing document 4 “d[id] not demonstrate that there were certain dangers, known all along to defendants, which 5 would prevent the approval and marketing of [the drug]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Thomas P. Griesa
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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