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DOUGHERTY v. ESPERION THERAPEUTICS, INC.

No. 17-1701.

905 F.3d 971 (2018)

Kevin L. DOUGHERTY, Plaintiff, Ronald E. Wallace and Walter J. Minett, individually and on behalf of all others similarly situated, Movants-Appellants, v. ESPERION THERAPEUTICS, INC.; Tim M. Mayleben, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 27, 2018.

Attorney(s) appearing for the Case

ARGUED: Steven F. Hubachek , ROBBINS GELLER RUDMAN & DOWD LLP, San Diego, California, for Appellants. Deborah S. Birnbach , GOODWIN PROCTER LLP, Boston, Massachusetts, for Appellees. ON BRIEF: Steven F. Hubachek, ROBBINS GELLER RUDMAN & DOWD LLP, San Diego, California, for Appellants. Deborah S. Birnbach, Kevin P. Martin , Adam Slutsky , Joshua J. Bone , GOODWIN PROCTER LLP, Boston, Massachusetts, for Appellees.

Before: SILER, BATCHELDER, and DONALD, Circuit Judges.

OPINION

Plaintiffs in securities-fraud suits are subject to a more onerous pleading burden than the average plaintiff. They must plead, among other things, a "strong inference of scienter" that is "cogent and at least as compelling as any opposing inference of nonfraudulent intent." Doshi v. Gen. Cable Corp.,<...

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