Glazer Capital Mgmt., LP v. Magistri, 06-16899
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.
- Argued 06/13/2008
- Submitted 06/13/2008
- Decided 11/26/2008
- Published 11/26/2008
- WALLACE, Senior Circuit Judge:, Before: J. CLIFFORD WALLACE and SUSAN P. GRABER, Circuit Judges, and GEORGE P. SCHIAVELLI, District Judge.
- United States Ninth Circuit
- 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.