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
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