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FIRE AND POLICE PENSION ASS'N OF COLORADO v. SIMON

No. 14-1502.

778 F.3d 228 (2015)

FIRE AND POLICE PENSION ASSOCIATION OF COLORADO; City of Austin Police Retirement System, Plaintiffs, Appellants, and Karse SIMON, individually and on behalf of all others similarly situated; Arlene Simon, individually and on behalf of all others similarly situated; Oklahoma Police Pension and Retirement System; City of Hollywood (FL) Employees' Retirement Fund; Tulare County Employees' Retirement Association; Orlando Police Pension Fund, Plaintiffs, v. Abiomed, Inc.; Michael R. Minogue; Robert L. Bowen, Defendants, Appellees.

United States Court of Appeals, First Circuit.

February 6, 2015.

Attorney(s) appearing for the Case

Patrick T. Egan , with whom Kristin J. Moody , Daryl DeValerio Andrews , Berman DeValerio , Robert D. Klausner , and Klausner, Kaufman, Jensen & Levinson were on brief, for appellants.

John D. Donovan, Jr. , with whom Daniel V. Ward , Matthew Mazzotta , Elizabeth D. Johnston , Dara A. Reppucci , and Ropes & Gray LLP were on brief, for appellees.

Before LYNCH, Chief Judge, SOUTER, Associate Justice, and Selya, Circuit Judge.

Not all claims of wrongdoing by a company make out a viable claim that the company has committed securities fraud. This case is an example.

Institutional investors, asserting claims on behalf of a putative class of purchasers of the stock of defendant Abiomed, Inc.,1 brought suit against Abiomed...

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