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MACOMB COUNTY EMPLOYEES' RET. v. ALIGN TECHNOLOGY

No. 21-15823.

39 F.4th 1092 (2022)

MACOMB COUNTY EMPLOYEES' RETIREMENT SYSTEM, Lead Plaintiff, Plaintiff-Appellant, and City of Roseville Employees' Retirement System, individually and on behalf of all others similarly situated, Plaintiff, v. ALIGN TECHNOLOGY, INC.; Joseph M. Hogan; John F. Morici; Julie Tay, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 2022.

Attorney(s) appearing for the Case

Javier Bleichmar (argued), Bleichmar Fonti & Auld LLP, New York, New York, for Plaintiffs-Appellants.

Shay Dvoretzky (argued) and Peter A. Bruland , Skadden Arps Slate Meagher & Flom LLP, Washington, D.C.; Peter B. Morrison , Virginia F. Milstead , and Mayra Aguilera , Skadden Arps Slate Meagher & Flom LLP, Los Angeles, California; for Defendants-Appellees.

Before: J. Clifford Wallace, Sidney R. Thomas, and M. Margaret McKeown, Circuit Judges.

OPINION

Securities actions often ask courts to distinguish between corporate braggadocio and genuinely false or misleading statements. This is one of those cases. In reviewing the dismissal of this class action, we consider whether corporate executives misrepresented their company's prospects in China to such an...

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