United States Second Circuit

Dismissal of plaintiff's second amended complaint for failure to state a claim and failure to comply with the heightened pleading standard required by Fed. R. Civ. P. 9(b) and the Private Securities Litigation Reform Act, 15 U.S.C. section 78u-4, is affirmed where because plaintiffs failed to adequately plead that defendant made a materially false statement or omitted a material fact with scienter, the district court correctly held that plaintiff's second amended complaint could not survive defendant's motion to dismiss.

Appellate Information

• Decided 01/21/2009
• Published 01/21/2009

Judges

Court

• United States Second Circuit

Counsel