United States Ninth Circuit
In re: Cutera Sec. Litig., 08-17627
In a fraud-on-the-market suit claiming that Cutera, Inc. provided false and misleading revenue projections and failed to disclose material information about the shortcomings of Cutera's sales staff, the dismissal of the action is affirmed where: 1) alleged incomplete disclosures about Cutera's sales force were not material omissions made in violation of the securities laws; and 2) Cutera's earnings projections fall within the statutory safe harbor for forward-looking projections under the Private Securities Litigation Reform Act.
Appellate Information
- Argued 02/11/2010
- Decided 06/30/2010
- Published 06/30/2010
Judges
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Frederick W. Gerkins, III, Paul D. Clement