FINDWHAT INVESTOR GROUP v. FINDWHAT.COM

No. 10-10107.

658 F.3d 1282 (2011)

FINDWHAT INVESTOR GROUP, on behalf of itself and all others similarly situated, et al., Plaintiffs-Appellants, v. FINDWHAT.COM, Craig Pisaris-Henderson, Phillip R. Thune, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 30, 2011.


Attorney(s) appearing for the Case

Maya Saxena , Lester R. Hooker , Christopher Steven Jones , Joseph Edward White, III, Saxena White, PA, Stephen Richard Astley , Paul J. Geller , David J. George , Jack Reise , Robert Jeffrey Robbins , Robbins Geller Rudman & Dowd, LLP, Julie Prag Vianale , Kenneth J. Vianale , Vianale & Vianale, LLP, Boca Raton, FL, Chris A. Barker , Barker Rodems & Cook, PA, Tampa, FL, Marc J. Greenspon , Michael J. Pucillo , Berman DeValerio , Palm Beach Gardens , FL, for Plaintiff-Appellant.

Todd R. David , Susan Elaine Hurd , Robert R. Long , Alston & Bird, LLP, Atlanta, GA, Joseph Gerard Foster , Porter Wright Morris & Arthur, LLP, Gregory N. Woods , Grant Fridkin Pearson Athan & Crown, Naples, FL, for Defendants-Appellees.

Before HULL and MARCUS, Circuit Judges, and COOKE, District Judge.


MARCUS, Circuit Judge:

In this securities fraud class action, the investor Plaintiffs sued the Defendant company MIVA, Inc. ("MIVA")1 and three of its principal officers,2 alleging that they had made a series of eleven false or misleading statements to the public, in violation of § 10(b) of the Securities Exchange Act of 1934 ("the Exchange Act") and Rule 10b-5 promulgated thereunder. The Plaintiffs claimed...

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