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PLUMBERS AND PIPEFITTERS v. ZIMMER HOLDINGS

No. 11-1471.

679 F.3d 952 (2012)

PLUMBERS AND PIPEFITTERS LOCAL UNION 719 PENSION FUND and Carpenters Pension Fund of West Virginia, on behalf of a class, Plaintiffs-Appellants, v. ZIMMER HOLDINGS, INC.; David C. Dvorak; and James T. Crines, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 2012.

Attorney(s) appearing for the Case

Susan K. Alexander (argued), Attorney, Robbins Geller Rudman & Dowd, San Francisco, CA, Scott D. Gilchrist , Attorney, Cohen & Malad, Indianapolis, IN, Howard S. Susskind , Sugarman & Susskind, P.A., Miami, FL, for Plaintiffs-Appellants.

Marc J. Sonnenfeld (argued), Attorney, Morgan, Lewis & Bockius LLP, Philadelphia, PA, Paul Alan Wolfla , Attorney, Faegre Baker Daniels LLP, Indianapolis, IN, for Defendants-Appellees.

Before EASTERBROOK, Chief Judge, and RIPPLE and KANNE, Circuit Judges.

EASTERBROOK, Chief Judge.

Two pension funds that own shares of Zimmer Holdings, Inc., charge it with defrauding its investors by downplaying the significance of difficulties it was having manufacturing some of its products and the high failure rate one surgeon reported for another of its products.

Zimmer designs and makes orthopaedic reconstructive devices (and related products) that it sells throughout the world. One of its products is the Durom® Acetabular...

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