Robert YATES, MJG-08-269; Alan S. Barry, MJG-08-269; David Young, MJG-08-269; Carlo Hornsby; Ed Friedlander, MJG-08-269; Paul Engel, individually and on behalf of all others similarly situated MJG-08-292; William D. Felix; David Kremser, on behalf of himself and on behalf of Elk Meadow Investments, LLC; Charles W. Dammeyer, on behalf of himself and others similarly situated, Plaintiffs-Appellants, and
F. Richard Manson, individually and on behalf of, all others similarly situated MJG-08-269; Geeta Shailam, individually and on behalf of all others similarly situated MJG-08-386; Michael J. Cirrito, individually and on behalf of all others similarly situated MJG-08-476; John J. Hufnagle, individually and on behalf of all others similarly situated MJG-08-579; William Johnston, derivatively on behalf of Municipal Mortgage & Equity, LLC MJG-08-670; Robert Staub, derivatively on behalf of Municipal Mortgage & Equity, LLC MJG-08-802; The Mary L. Kieser Trust, by Mary L. Kieser and Ralph F. Kieser, Trustees, derivatively and on behalf of Nominal Defendant, Municipal Mortgage & Equity LLC MJG-08-805; Judith Greenberg; Joseph S. Gelmis, individually and on behalf of all others similarly situated MJG-08-2133; Arnold J. Ross, MJG-08-2133; Troy Broy; Jules Rothas, individually and on behalf of all others similarly situated MJG-08-2134; Naomi Raphael; Fafn/Slater Group; Kremser Group, MJG-08-269, Plaintiffs,
v.
MUNICIPAL MORTGAGE & EQUITY, LLC; Melanie M. Lundquist; Michael L. Falcone; Merrill Lynch Pierce Fenner and Smith Incorporated; RBC Capital Markets, LLC.; Mark K. Joseph; Charles C. Baum; Eddie C. Brown; Robert S. Hillman; Douglas A. Mcgregor; Arthur S. Mehlman; Fred N. Pratt, Jr.; Richard O. Berndt; William S. Harrison; David Kay; Charles M. Pinckney, Defendants-Appellees, and
Gary A. Mentesana; Barbara B. Lucas; Earl W. Cole, III; Angela B. Barone, Defendants.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Judge DIAZ wrote the opinion, in which Judge FLOYD and Judge ANDERSON joined.
United States Court of Appeals, Fourth Circuit.
DIAZ, Circuit Judge:
This case involves claims that Municipal Mortgage & Equity ("MuniMae" or the "Company"), and certain of its officers and directors (collectively, the "MuniMae defendants"), violated federal securities laws.1 Plaintiffs, both individually and as class representatives, contend that the MuniMae defendants committed securities fraud by (1) falsely representing that the Company was in full compliance with a new accounting...
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