United States Eighth Circuit

In a securities class action against a company alleging that the company and two of its principal executive officers negligently failed to disclose material information to stockholders before asking them to approve a merger, grant of defendants' joint motion to dismiss is affirmed where: 1) the district court properly denied Little plaintiff's request to convert a motion to dismiss into a motion for summary judgment; and 2) the district court did not err in determining that plaintiff failed to meet the heightened pleading standards required by the PSLRA.

Appellate Information

• Decided 08/11/2008
• Published 08/11/2008

Judges

• SMITH, Circuit Judge., Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard Allen Lockridge, Minneapolis, MN, argued (Gregg M. Fishbein and Nathan D. Prosser, Minneapolis, MN, Joel C. Feffer and Daniella Quitt, New York, NY, on the brief), for appellant.


• For Appellees:
  
• Peter William Carter, Minneapolis, MN, argued (Seth Leventhal and Eric R. Sherman, Minneapolis, MN, Richard Wilson and Mary R. Vasaly, Minneapolis, MN, on the brief), for appellee.