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United States Third Circuit


EP MEDSYSTEMS v. ECHOCATH, 98-6461

Allegation that defendant's CEO gave plaintiff's executives assurances with sales projections that, after lengthy negotiations, contracts with identified companies were "imminent" showed scienter, and presented question of material fact about the casual connection between defendant's assurances and plaintiff's subsequent loss.

Appellate Information

  • Argued 12/06/1999
  • Decided 12/26/2000
  • Published 12/28/2000

Judges

  • Before SLOVITER, ROTH and COWEN, Circuit Judges.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • John J. Murphy, III, (Argued), Stradley, Ronon, Stevens & Young, LLP, Cherry Hill, NJ, Attorney for Appellant.

  • For Appellees:
  • Richard G. Primoff, (Argued), Rubin Baum Levin Constant & Friedman, New York, NY, Attorney for Appellee.
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