United States Third Circuit

Dismissal of a derivative lawsuit under the Securities Exchange Act of 1934, alleging that a proxy statement made false and misleading statements regarding material facts, was improper where statements did not satisfy material disclosure obligations under Rule 14a-9.

Appellate Information

• Decided 02/21/2003
• Published 02/21/2003

Judges

• Before SLOVITER, McKEE, and ROSENN, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• A. Arnold Gershon, (Argued), Ballon, Stoll, Bader & Nadler, New York, for Appellant.


• For Appellees:
  
• Louis M. Solomon, (Argued), Andrew J. Levander, Swidler Berlin Shereff Friedman, New York, for Appellees.