United States Seventh Circuit
Higginbotham v. Baxter Int'l Inc., 06-1312
In a series of investor lawsuits after restatement of a public company's financial results following discovery of fraud by several of the company's managers in Brazil, district court judgment for defendant is affirmed where: 1) plaintiffs did not proffer concrete evidence that anyone at Baxter's headquarters in the US knew of the fraud in Brazil; 2) plaintiffs did not contend that the knowledge of the senior managers in Brazil should be imputed either to plaintiff or any of its managers in the US; and 3) defendants did not have a duty to disclose information about the fraud until their required quarterly report.
Appellate Information
- Argued 12/08/2006
- Decided 07/27/2007
- Published 07/27/2007
Judges
- EASTERBROOK, Chief Judge., Before EASTERBROOK, Chief Judge, and POSNER and RIPPLE, Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Christopher B. Sanchez, Miller, Faucher & Cafferty, Chicago, IL, for Plaintiffs-Appellants., Russell D. Paul (argued), Berger & Montague, Philadelphia, PA, Patrick V. Dahlstrom, Pomerantz, Haudek, Block, Grossman & Gross, Chicago, IL, for Appellant.
- For Appellees:
- Matthew R. Kipp (argued), Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Defendants-Appellees.