SIRACUSANO v. MATRIXX INITIATIVES, INC.

No. 06-15677.

585 F.3d 1167 (2009)

James SIRACUSANO, Individually and on behalf of all others similarly situated, Plaintiff-Appellant, Neca-Ibew Pension Fund, Claimant-Appellant, v. MATRIXX INITIATIVES, INC.; Carl J. Johnson; William J. Hemelt, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 28, 2009.


Attorney(s) appearing for the Case

Joseph D. Daley, Coughlin Stoia Geller Rudman & Robbins LLP, San Diego, CA, for the plaintiff-appellant.

Michael G. Yoder, O'Melveny & Myers LLP, Newport Beach, CA, for the defendants-appellees.

Before: MARY M. SCHROEDER, A. WALLACE TASHIMA and CARLOS T. BEA, Circuit Judges.


TASHIMA, Circuit Judge:

Matrixx Initiatives, Inc. ("Matrixx") is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx executives (collectively...

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