United States First Circuit

Under pleading standards for violations of section 10(b) and Rule 10b-5 of the Securities and Exchange Act of 1934, allegations of statements made by company management in 1999, indicating material undisclosed contingencies relative to price protection commitments, gave rise to the reasonable inference that the company had engaged in undisclosed price protection in 1998; thus, allegations of fraud had sufficient factual support to survive a motion to dismiss.

Appellate Information

• Decided 03/20/2002
• Published 03/20/2002

Judges

• LYNCH, Circuit Judge., Before TORRUELLA, Circuit Judge, STAHL, Senior Circuit Judge, and LYNCH, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Lawrence Deutsch with whom Shanon J. Carson, Berger & Montague, P.C., Matthew F. Medeiros, and Little, Bulman, Medeiros & Whitney, P.C. were on brief for appellant.


• For Appellees:
  
• John F. Sylvia with whom R. Robert Popeo, Stephen T. Murray, Justin S. Kudler, and Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. were on brief for appellees A.T. Cross Company, Bradford R. Boss, Russell A. Boss, John E. Buckley, and John T. Ruggieri., William R. Grimm with whom Charles D. Blackman and Hinckley, Allen & Snyder LLP were on brief for appellees W. Russell Boss Jr. Trust A, W. Russell Boss Jr. Trust B, and W. Russell Boss Jr. Trust C.