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ROTHMAN v. GREGOR

No. 00-7005.

220 F.3d 81 (2000)

Joel ROTHMAN, individually and on behalf of all others similarly situated; Isaac Augenstein, on behalf of himself and all other similarly situated; Rueben Advani, individually and on behalf of all others similarly situated; William Kellman, individually and on behalf of all other similarly situated; Cathy Anderson, on behalf of herself and all others similarly situated; Peter J. Proce, individually and on behalf of all others similarly situated; Jerry Hoehnen, individually and on behalf of all others similarly situated; Blaise Rodon, on behalf of himself and all other similarly situated; Moshe Mosbacher, on behalf of himself and all others similarly situated, Consolidated-Plaintiffs-Appellants, Chani Herzog, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Andrew GREGOR, Consolidated-Defendant-Appellee, GT Interactive Software Corporation; Ronald Chaimowitz; Joseph J. Cayre; Arthur Andersen, LLP, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: July 11, 2000.

Attorney(s) appearing for the Case

Ira M. Press, New York, N.Y. (Jeffrey H. Squire, Andrea Bierstein, Kirby, McInerney & Squire, New York, N.Y.; Lionel Z. Glancy, Los Angeles, CA, on the brief) for plaintiffs-appellants.

Michael S. Oberman, New York, N.Y. (Alan R. Friedman, Andrew J. Maloney, Kramer Levin Naftalis & Frankel, New York, N.Y., on the brief), for defendants-appellees GT Interactive Software, Ronald Chaimowitz, Joseph Cayre and Andrew Gregor.

James J. Sabella, New York, N.Y. (James D. Zirin, Jennifer A. DeMarrais, Brown & Wood, New York, N.Y., on the brief), for defendant-appellee Arthur Andersen.

Before: OAKES, NEWMAN, and STRAUB, Circuit Judges.

JON O. NEWMAN, Circuit Judge.

This appeal concerns a securities fraud claim against a seller of computer software for misrepresenting its income by failing to expense royalty advances after it became clear that the capitalized value of these advances was significantly overstated. Joel Rothman, representing a plaintiff class, appeals from the December 6, 1999, judgment of the District Court of the Southern District of New York (David Edelstein, Judge), dismissing with...

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