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HILL v. GOZANI

No. 10-1048.

638 F.3d 40 (2011)

Gordon L. HILL; NECA-IBEW Pension Fund; Southwest Carpenters Pension Trust, Plaintiffs, Anima S.G.R.P.A., Plaintiff, Appellant, v. Shai N. GOZANI; W. Bradford Smith; Gary Gregory; NeuroMetrix, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided March 18, 2011.

Attorney(s) appearing for the Case

Benjamin J. Sweet , with whom Michael Yarnoff , Lauren Wagner Pederson , Richard A. Russo, Jr. , Barroway Topaz Kessler Meltzer & Check LLP, David Pastor , and Gilman & Pastor LLP were on brief, for appellant.

Deborah S. Birnbach , with whom Kevin P. Martin , Lauren Stock Craven , and Goodwin Procter LLP were on brief, for appellees.

Before BOUDIN, RIPPLE, and SELYA, Circuit Judges.

RIPPLE, Circuit Judge.

The NECA-IBEW Pension Fund, a shareholder in NeuroMetrix, Inc., instituted this action against NeuroMetrix and three of its officers, alleging securities fraud in violation of sections 10(b)(5) and 20(a) of the Securities Exchange Act, 15 U.S.C. §§ 78j(b) and 78t(a). On the plaintiff's motion, the case was consolidated with several other pending shareholder suits against NeuroMetrix. The district...

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