Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupport
Contact Us
Search
Close

Ninth Circuit Affirms Dismissal in Stock-Drop Lawsuit, Citing Shareholder’s “Implausible” Scienter Theory

By Joseph De Simone, Glenn K. Vanzura & Kevin C. Kelly on June 22, 2020
Email this postTweet this postLike this postShare this post on LinkedIn

On June 10, 2020, the US Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative securities fraud class action against Endologix, Inc., a medical device company, on the grounds that the shareholder’s core theory of liability had “no basis in logic or common experience.” In that case, Nguyen v. Endologix, Inc., the plaintiff alleged that Endologix and certain of its executives misled investors about whether the Food and Drug Administration (FDA) would approve the company’s new aneurysm sealing product, Nellix. The Ninth Circuit held that the shareholder’s complaint, for all its “girth,” lacked “a critical ingredient under the Private Securities Litigation Reform Act (PSLRA):  allegations that state with particularity facts giving rise to a strong inference” that the defendant acted with scienter—namely, that the defendants made false or misleading statements either intentionally or with deliberate recklessness. This Legal Update further discusses the Ninth Circuit’s holding and the implications.

 

 

  • Posted in:
    Banking, Finance and Securities, Class Action & Mass Torts
  • Blog:
    Free Writings + Perspectives
  • Organization:
    Mayer Brown
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
  • About LexBlog
  • The Field We Built
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo