ROSENBERG v. GOULD

No. 08-12392.

554 F.3d 962 (2009)

Ruth ROSENBERG, Individually and on behalf of all others similarly situated, Plaintiff, Witness Systems Investor Group, Plaintiff-Appellant, v. David B. GOULD, Nicholas Discombe, William Evans, Joel G. Katz, Thomas J. Crotty, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 9, 2009.


Attorney(s) appearing for the Case

David A. Bain, Atlanta, GA, Gregg S. Levin, Lance V. Oliver, Motley Rice LLC, Mt. Pleasant, SC, William H. Narwold, Motley Rice, LLC, Hartford, CT, for Appellant.

Ross A. Albert, Morris, Manning & Martin, LLP, Atlanta, GA, Dawn N. Wilson, Peter J. Macdonald, Wilmer Cutler Pickering Hale & Dorr-NY, New York City, for Appellee.

Before BIRCH and PRYOR, Circuit Judges, and STROM, District Judge.


PRYOR, Circuit Judge:

This appeal presents the issue whether a complaint satisfies the heightened standard for pleading scienter, under section 10(b) of the Securities Exchange Act, 15 U.S.C. § 78j(b), when the complaint alleges that a chief executive officer who had granted backdated options in 2000 and 2001 later signed security filings and made other statements that minimally overstated earnings between 2004 and 2006. Shareholders who purchased stock of Witness...

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