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LITTLE GEM LIFE SCIENCES v. ORPHAN MEDICAL

No. 07-3285.

537 F.3d 913 (2008)

LITTLE GEM LIFE SCIENCES LLC, individually and on behalf of a class of persons similarly situated, Appellant, v. ORPHAN MEDICAL, INC.; John H. Bullion; and Timothy G. McGrath, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 11, 2008.

Attorney(s) appearing for the Case

Richard Allen Lockridge, Minneapolis, MN, argued (Gregg M. Fishbein and Nathan D. Prosser, Minneapolis, MN, Joel C. Feffer and Daniella Quitt, New York, NY, on the brief), for appellant.

Peter William Carter, Minneapolis, MN, argued (Seth Leventhal and Eric R. Sherman, Minneapolis, MN, Richard Wilson and Mary R. Vasaly, Minneapolis, MN, on the brief), for appellee.

Before WOLLMAN, MURPHY, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

Little Gem Life Sciences, LLC ("Little Gem") filed this securities class action against Orphan Medical, Inc. ("Orphan") on behalf of all individuals who held Orphan stock at the time Orphan was acquired by Jazz Pharmaceuticals, Inc. ("Jazz"). Little Gem alleged that Orphan and two of its principal executive officers, John H. Bullion and Timothy G. McGrath, negligently failed to disclose material information to Orphan's stockholders before asking...

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