MISSISSIPPI PUBLIC EMPLOYEES' RETIREMENT v. BSC

No. 10-1663.

649 F.3d 5 (2011)

MISSISSIPPI PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Plaintiff, Appellant, Jack Yopp, Individually and on Behalf of All Others Similarly Situated, et al., Plaintiffs, v. BOSTON SCIENTIFIC CORPORATION, James R. Tobin, Paul A. LaViolette, Fredericus A. Colen, Lawrence C. Best, Stephen F. Moreci, Robert G. MacLean, Peter M. Nicholas, Paul W. Sandman, James H. Taylor, Jr., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided August 4, 2011.


Attorney(s) appearing for the Case

Carolyn G. Anderson , with whom Anne T. Regan , Patricia A. Bloodgood , Zimmerman Reed, PLLP, David S. Nalven , Hagens Berman Sobol Shapiro, LLP, Richard A. Lockridge , Gregg M. Fishbein , Nathan D. Prosser , Lockridge Grindal Nauen, PLLP, James E. O'Neil , Law Offices of James E. O'Neil, Mike Moore , and Moore Law Firm were on brief, for appellant.

Stuart J. Baskin , with whom John Gueli , Kirsten Cunha , Shearman & Sterling LLP, William H. Paine , Timothy Perla , and Wilmer Cutler Pickering Hale & Dorr LLP were on brief, for defendants.

Before LYNCH, Chief Judge. BOUDIN and THOMPSON, Circuit Judges.


LYNCH, Chief Judge.

In this securities class action, plaintiff Mississippi Public Employees' Retirement System alleges that senior management of Boston Scientific Corporation (BSC), a publicly traded manufacturer of medical devices in which plaintiff invested, withheld material information and made misleading statements in violation of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78j(b), 78t(a), and Securities Exchange Commission...

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