United States Ninth Circuit

Dismissal of a class action complaint alleging false statements contained in a merger agreement with a third party company is affirmed where the plaintiff has not pled facts that would either directly or indirectly give rise to a strong inference of scienter on the part of those officers responsible for making the false statements contained in the merger agreement.

Appellate Information

• Argued 06/13/2008
• Decided 11/26/2008
• Published 11/26/2008

Judges

• WALLACE, Senior Circuit Judge:, Before:  J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jeffrey S. Abraham, Abraham Fruchter & Twersky LLP, New York, NY, for the plaintiffs-appellants.


• For Appellees:
  
• Susan S. Muck, Fenwick & West LLP, San Francisco, CA, for the defendants-appellees.