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IN RE GEOPHARMA, INC. SECURITIES LITIGATION

No. 04 Civ. 9463(SAS).

411 F.Supp.2d 434 (2006)

In re GEOPHARMA, INC. SECURITIES LITIGATION This Document Relates To: All Actions.

United States District Court, S.D. New York.

January 27, 2006.

Attorney(s) appearing for the Case

Samuel H. Rudman, David A. Rosenfeld, Mario Alba, Jr., Lerach Coughlin Stoia Geller Rudman & Robbins LLP, Melville, NY, Jeffrey A. Berens, Kip B. Shuman, Dyer & Shuman, LLP, Denver, CO, for Plaintiffs.

Robert A. Scher, Jeremy L. Wallison, Foley & Lardner LLP, New York, NY, for Defendants.

OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

This case presents a difficult but interesting question. When a defendant makes a false statement in connection with the purchase or sale of securities, that statement is only actionable if the defendant acted with a culpable state of mind. The easiest case is when a plaintiff alleges that a defendant intentionally made a demonstrably false statement. When this allegation...

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