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NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM v. JOBS

No. 08-16488.

593 F.3d 1018 (2010)

The NEW YORK CITY EMPLOYEES' RETIREMENT SYSTEM, Plaintiff-Appellant, and Martin Vogel; Kenneth Mahoney, Plaintiffs, v. Steven P. JOBS; Fred Anderson; William V. Campbell; Millard S. Drexler; Arthur D. Levinson; Jerome P. York; Apple Computer, Inc.; Gareth C.C. Chang; Peter O. Crisp; Lawrence J. Ellison; B. Jurgen Hintz; Katherine M. Hudson; Delano E. Lewis, Jr.; A.C. Markkula, Jr.; Edgar S. Wollard, Jr., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 28, 2010.

Attorney(s) appearing for the Case

Michael J. Barry, Grant & Eisenhoffer P.A., Wilmington, DE, for plaintiff-appellant.

George A. Riley, O'Melveny & Myers, LLP., San Francisco, CA, for the defendants.

Before DAVID R. THOMPSON and SIDNEY R. THOMAS, Circuit Judges, and ANN ALDRICH, District Judge.

THOMPSON, Senior Circuit Judge:

This litigation arises out of the issuance of an allegedly false and misleading proxy solicitation for a stock option plan. Plaintiff-appellant New York City Employees' Retirement System ("NYCERS") alleged that the false solicitation denied it its right to an informed shareholder vote and caused it to suffer economic loss through share dilution. The district court dismissed NYCERS' consolidated complaint. The court determined that:...

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