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E.D. New York· 3/25/2013

In re Gentiva Securities Litigation

Citations

  • 932 F. Supp. 2d 352
  • 2013 WL 1200334
  • 2013 U.S. Dist. LEXIS 42102

How courts have described this case

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

  • holding that an announcement of a governmental investigation into the precise subject matter which forms the basis of the fraudulent practices at issue can qualify as a partial corrective disclosure for purposes of loss causation
  • finding that the allegations viewed as a whole did not give rise to a compelling inference of scienter
  • finding that defendants’ representations concerning company’s financial results were materially false or misleading when they failed to disclose alleged Medicare fraud scheme
  • finding that the plaintiff “failed to comply with Rule 9(b) with regard to the Section 11 claim[] because it expressly disclaim[ed] all allegations of scienter”
  • determining that the plaintiff’s allegations that the individual defendants collectively sold approximately 292,000 shares for $7.1 million in proceeds was insufficient because the complaint only identified reaped proceeds and not net profits
  • stating that “courts have looked at the following to indicate that a Section 11 claim sounds in fraud: (1) the complaint contains merely a blanket disclaimer that the plaintiffs do not allege fraud for the purposes of the Securities Act claims; (2

Source: CourtListener parenthetical corpus (CC0).

Judges: Spatt

Read full opinion on CourtListener

Cited by

28 cases in this archive cite this case; the 20 most cited are listed.

Cites

94 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named In re Gentiva Securities Litigation

3 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.