United States Ninth Circuit

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City of Dearborn Heights Act 345 Police & Fire Retirement Sys. v. Align Tech., Inc., 14-16814

In a securities fraud action under sections 10(b) and 20(a) of the Securities Exchange Act of 1934 and SEC Rule 10b-5, alleging violations concerned statements by defendant regarding its goodwill valuation of a subsidiary, the district court's dismissal is affirmed where: 1) plaintiff failed to sufficiently plead falsity of opinion statements under any of the three standards articulated in Omnicare, Inc. v. Laborers Dist. Council Constr. Ind. Pension Fund, 135 S. Ct. 1318 (2015); and 2) plaintiff also failed to sufficiently plead scienter.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/05/05




  • United States Ninth Circuit


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