ERIE COUNTY EMPLOYEES' RETIREMENT SYSTEM v. NN, INC.

Index No. 656462/19. Appeal No. 16039. Case No. 2021-02102.

205 A.D.3d 644 (2022)

170 N.Y.S.3d 15

2022 NY Slip Op 03473

Erie County Employees' Retirement System, Respondent, v. NN, Inc., et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 31, 2022.


Attorney(s) appearing for the Case

Simpson Thacher & Bartlett LLP, New York ( Jacob Lundqvist of counsel) and Simpson Thacher & Bartlett LLP, Washington D.C. ( Karen Porter of the bar of the District of Columbia, admitted pro hac vice, of counsel), for NN, Inc., Richard D. Holder, Thomas C. Burwell, Jr., Robert E. Brunner, William Dries, David K. Floyd, David L. Pugh and Steven T. Warshaw, appellants.

Scott & Scott, LLP, New York ( Deborah Clark-Weintraub of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, Scarpulla, Pitt, JJ.


This 1933 Securities Act case stems from NN's 2018 secondary public offering (SPO) in which it offered shares pursuant to a Registration Statement and Prospectus (offering documents) through the underwriter defendants J.P. Morgan Securities LLC, Robert W. Baird & Co., KeyBanc Capital Markets Inc., SunTrust Robinson Humphrey, Inc., Lake Street Capital Markets, LLC, Stephens Inc., William Blair & Co., L.L.C., CJS Securities, Inc., and Regions Securities LLC.

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